LIBRARY OF CONGRESS. 

@|ap* iojpjriglji If 0, 



UNITED STATES OF AMERICA. 



SHORTER COURSE 



IN 



CIVIL GOVERNMENT 



ARRANGED IN TOPICS, WITH NUMEROUS QUESTIONS 
FOR CONVENIENCE IN TEACHING 



BY 

CALVIN TOWNSEND 

Counselor at Law 



f\> 



WITH SUPPLEMENT FOR WISCONSIN 
BY 

W. C. HEWITT, B. Pd. 

POLITICAL ECONOMY, AND STATE INSTITUTE CONDUCTOR 
OSHKOSH NORMAL SCHOOL 



^-7 3)£"7~ 



NEW YORK . \ • CINCINNATI • \ • CHICAGO 

AMERICAN BOOK COMPANY 



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Copyright, 1875, by Calvin Townsend. 
Copyright, 1894, by American Book Company. 

WIS. ED. TOWN. S. C. CIV. GOV. 



TWlm. Hvteon 
t\c\v H?orft, Hi. S. B# 



PREFACE. 



THE first attempt ever made to present the subject of 
Civil Government in a really didactic form was made 
by the author a few years ago, through his "Analysis of 
Civil Government." Although the method was entirely 
new and therefore open to fair criticism, that work has been 
received with favor, and is used as the text-book on the 
subject by many of our most prominent institutions of 
learning. From its first appearance, the call for it has 
increased to an extent both flattering to the author and 
gratifying to the publishers. 

But it would be difficult, if not impossible, to prepare a 
text-book on any subject equally adapted to all grades of 
scholarship. A book may meet the wants of a college or 
university, which may not be convenient for use in pre- 
paratory schools. Hence, while the " Analysis of Civil 
Government " has proved its entire fitness for the higher 
institutions, the calls have been numerous from teachers of 
common, select, and grammar schools, for a shorter text- 
book, but on the general plan of the "Analysis." 

Thousands of our live, earnest, devoted educators believe 
with a working faith that the day is not distant when civil 
government will be in the list of compulsory studies in the 
common school. From many of this class of faithful labor- 
ers the author has received letters urging and encouraging 
him to the preparation of this little volume. One corre- 
spondent says, " The common schools do not call for a bet- 
ter book than your * Analysis of Civil Government,' but for 
one that is shorter, simpler, and more easily taught to the 
boys and girls of ages from twelve to sixteen years. Your 
'Analysis' is all that could be asked in high schools, nor- 
mal schools, and even colleges and universities." 



IV PREFACE. 

This little volume is not intended to take the place of the 
author's larger work, herein referred to. Every teacher who 
uses this will find that book a great convenience, if not a ne- 
cessity, on his table. It dwells more at large and in detail on 
many matters that are but very briefly noticed in these pages. 

The peculiarities of this class-book are in some degree the 
result of friendly suggestions from sources already credited, and 
are as follows : — 

1. The matter is presented by topics and in analytical form. 

2. The chapters are divided into lessons, each of convenient 
length for class drill. 

3. For convenience in teaching, each lesson is immediately 
followed by questions relating to the subject-matter thereof. 

It has not been thought necessary to take up the govern- 
ments of the States and their subdivisions, and treat them, one 
by one, as independent and separate systems. Such a course 
would require not only several ponderous volumes, but each 
must be, so far as the science of government is concerned, a 
substantial repetition of the other. 

Whoever understands the history, purposes, philosophy, and 
grand plan of the General Government, comprehends any 
State government by a mere glance at its Constitution. There 
is such a marked similarity of the State governments to each 
other, and of all to the government of the United States, that, 
when the last named is understood by the student, he fully 
comprehends the others. 

The author submits the result of his effort to the candid and 
enlightened judgment of the great army of educators in the 
United States. He has labored under a most painful burden 
in this last attempt at authorship, — one which he fervently 
prays that neither teacher nor pupil may ever personally re- 
alize. He alone can fully appreciate the embarrassment under 
which this work has been written who has himself attempted a 
similar task with sightless eyes. 



(TOW. S. C. CIV. GOV.) 



CONTENTS. 



CHAP. PAGE 

I. Civil Government . , i 

II. Settlement of America 13 

III. Articles of Confederation 17 

IV. Origin of the Constitution 20 

V. Constitution of the United States of America . 25 

VI. Branches of Government 46 

VII. Preamble to the Constitution . . . .52 

VIII. Congress 58 

IX. House of Representatives ...... 62 

X. Senate 79 

XL Provisions Common to both Houses . . .95 
XII. Powers of Congress no 

XIII. Lawmaking 149 

XIV. Prohibitions on the United States . . . 154 
XV. Rights of States ......... 167 



VI CONTENTS. 

CHAP. PAGE 

XVI. State Subordination 178 

XVII. State Prohibitions 182 

XVIII. Personal Rights 189 

XIX. Executive 202 

XX. Vice-President ...... 222 

XXI. Judiciary 227 

XXII. Government of the State of Wisconsin 243 

XXIII. The Town, the Village, and the City . 260 

XXIV. Suffrage, Taxation, and Education . 267 
Constitution of Wisconsin .... 286 



Short Civ. Gov. Wis. Ed. 



CHAPTER I. 

LESSON I. — CIVIL GOVERNMENT. 



The word "government," in its general and comprehen- 
sive sense, signifies that influence and power which one 
person or thing exercises over others. The mainspring of 
a watch, for instance, governs the movement of that ma- 
chine. Gravitation governs the motions of the heavenly 
bodies, and, to some extent, of all others. 

A father governs his family. The mayor and aldermen 
of a city govern the affairs of that corporation. The pres- 
ident and professors of a college or univer- Definition of 
sity are called the faculty, who govern the Government. 
institution, as the schoolmaster governs his school. The 
sovereign of a nation governs the people of whom it is 
constituted. No nation could exist, as such, for a single 
month without organized government in some form or 
other. No citizen could enforce his rights to security 
of property and personal safety against the attacks of 
the vicious and depraved. He would not be safe under 
his own roof, but would be in constant danger while sleep- 
ing in his own bed and reposing on his own pillow. 

This would be a condition of fearful anarchy. Under 
such a state of things, no person could feel the least in- 
terest in the accumulation of property, for it would be 
sure to be wrested from him by the hands of thieves and 
robbers. He could feel no incentive to the cultivation of 

1 



2 CIVIL GOVERNMENT. 

fields and gardens, for they would be despoiled by ruth- 
less vandals and reckless marauders. 

Without the power of government in some organized 
form, the sufferers from such outrages could obtain no 
redress, except through those retaliatory measures that 
must lead to anarchy and bloodshed among the parties 
concerned. There would be no tribunal by which to try, 
condemn, and by whose authority to punish, such offend- 
ers. The weak must surrender to the strong, and right 
must give way to might. Mere physical force and brutal- 
ity would triumph over justice and reason. The strong 
man, like the strong beast of the forest, would be king 
among his kindred. But, under the authority of good 
government, the bad man, however gigantic in form and 
strength, may be restrained in his vices, and punished 
for his crimes. 

As here used, the word " government " signifies the organ- 
ized means and power that a state or nation employs for 
the purpose of securing the rights of the people, and of 
perpetuating its own existence. 

Government is of various forms, depending on the 
choice of those who have the power to establish it. The 
Forms of Govern- m °st ignorant nations are governed by 
went vary. tyrants and despots, who rule without any 
regard to the welfare of their subjects. The caprice of the 
sovereign is the law ; and it must be obeyed, though the 
heads fall from the shoulders of a thousand subjects at a 
blow. Nothing but the profoundest ignorance of the 
people could give security and stability to the throne of 
the despot. " Despotism is the only form of government 
which may, with safety to itself, neglect the education of 
its infant poor." The despot rules without regard to a 
constitution or laws. 

Hence history shows that the more despotic the govern- 



CIVIL GOVERNMENT. 3 

ment, the more ignorant the common people. Let the 
people be educated the world over, and despotic govern- 
ments would be known only as institutions of the past. 
They would be lost in bygone history. 

The statesman knows that a form of government well 
adapted to the condition of a refined and intelligent peo- 
ple is not the form adapted to a people sunk in ignorance 
and superstition. The common schoolhouse is an enemy 
to despotism, and the friend to free government. Intel- 
ligence qualifies the citizen for self-government. It en- 
ables him to judge for himself on all questions affecting 
the public interest. He is not satisfied when denied a 
voice in their decisions. 

While a free government, like that of the United States, 
is the best possible form for an intelligent and virtuous 
people, on the other hand, it is the very worst for the igno- 
rant and depraved. Under the sway of the latter class, 
the power of administration would be likely soon to fall 
into the hands of political intriguers and ambitious dema- 
gogues. 

The safety of our government depends entirely on the 
virtue and intelligence of the common people. An igno- 
rant voter, with the ballot in his hand, may do as much 
damage to the commonwealth as the mercenary legislator 
or a corrupt executive. 

The following are the principal forms of government 
known in history: I. Patriarchal; II. Theocratic; III. 
Monarchial ; IV. Aristocratic; V. Dem- principal Forms 
ocratic; VI. Republican, In some coun- °f Government s. 
tries there may be a combination of two or more of them, 
while in others there may be a modification of any one of 
them. 

I. The patriarchal was the first and is the oldest human 
government. It is family government, or that form exer- 



4 CIVIL GOVERNMENT. 

cised by the father over his family. From the neces- 
sary relations of a father to his household, this kind of 
i. Patriarchal government is founded in nature. It ex- 
Government. j stec j f rom t h e earliest ages, long before 
states and nations were known, and while there were but 
few inhabitants on the earth. It was the only form until 
several centuries after the Flood. It still exists in some 
parts of Asia, Africa, and among the North American 
Indian tribes. Indeed, in a limited sense, it prevails 
wherever there is a household to govern, though perhaps 
not in the ancient mode. Strictly speaking, it lies at the 
foundation of all good government. When every father 
becomes a true patriarch at home, the national security 
will rest on the moral sense and intelligence of the people. 

II. The theocratic form of government belongs, in his- 
tory, to the Old Testament ages. A theocracy is a form of 

ii. Uieocratic government under the immediate direction 
Government. anc j administration of God. The ancient 
Israelites were governed in this manner for nearly fifteen 
hundred years. They received their law on Mount Sinai 
by direct revelation from God. This form of government 
became extinct at the dawn of the Christian era. 

III. A monarchial form of government is one that is 
administered by a monarch. The country, kingdom, or em- 
iii. Monarchial pire over which he exercises jurisdiction is 

Government. ca iied a monarchy. It is that form of gov- 
ernment in which the supreme authority is vested in a single 
person, who is called the monarch. He may be otherwise 
called king, emperor, czar, Shah, sultan, or by any other 
term significant of his position. 

With reference to the power vested in the sovereign, 
monarchies may be divided into two classes: i. Absolute; 
2. Limited. 

i. An absolute monarchy is one over which the sovereign 



CIVIL GOVERNMENT. 5 

rules with absolute power, holding himself responsible to 
no earthly tribunal for what he sees fit to do. He not 
only makes the law by which to govern his lt Absolute 
subjects, but interprets and executes it ac- Monarchy. 
cording to the caprices of his own will : in other words, his 
arbitrary will is the law of the realm. He does not, indeed, in 
all cases attend personally to the details of his government ; 
but he appoints subordinate officers for this purpose. Their 
tenure of office, their salaries, and even their lives, are at 
his disposal. If, in his tyranny, he order that a hundred or 
a thousand of his hapless subjects shall be decapitated, 
their heads are severed from their bodies. 

Such a ruler is a despot, and his government a terrible 
despotism. Russia, China, Persia, Morocco, and some other 
Oriental countries, are absolute monarchies. 

2. A limited monarchy is a government in which the sov- 
ereign is restrained by a constitution and established laws. 
These laws have their force by the deci- 2. Limited 
sions of the courts, by long-established Monarchy. 
usage, and by the enactments of the legislative authority. 

The monarch is simply the executive branch of the gov- 
ernment. He can execute the laws, but he cannot make 
them. The court, not the king, interprets them. The 
Parliament makes the statutes, though the assent of the 
sovereign is essential to their validity ; but that assent is 
rarely withheld. The sovereign of a limited monarchy has 
no right whatever to disregard the laws of his kingdom or 
empire : like his humblest subjects, he must obey them. 
Such a government may be called a constitutional mon- 
archy. 

With reference to the sovereign's title to his throne, mon- 
archies are of two classes : (a) Hereditary; (b) Elective. 

(a) Under an hereditary monarchy the sovereign obtains 
his title to the throne by birth. The oldest son of the de- 



6 CIVIL GOVERNMENT. 

ceased monarch takes the crown of his father by inheritance. 
If there is no son, the oldest daughter succeeds to the 
(«) Hereditary throne of the father. Edward VI. of 
Monarchy. England, though but a lad in years, suc- 
ceeded to the throne of his father, Henry VIII., in prefer- 
ence to his sisters, Mary and Elizabeth, both of whom were 
much older than the boy-king. At his death, having reigned 
but. six years, Mary, his elder sister, was crowned. At her 
death, five years thereafter, the younger sister, Elizabeth, 
was crowned Queen of England. 

Had Edward married, and become the father of children, 
they would have been heirs to the throne, to the exclusion 
of Mary and Elizabeth. 

William I., a foreigner, obtained the throne of England 
in a single battle, fought in 1066 on the north shore of the 
British Channel. He is known in history as William the 
Conqueror. That single conflict of arms at Hastings de- 
cided who should occupy the throne of that country for more 
than eight hundred years, and probably for more than a 
thousand. The crown of royalty has rested on the brow of 
his descendants ever since the twenty-fifth day of December, 
the year of that eventful struggle. Yet not one of this long 
line of kings and queens has ever ascended the throne by 
the formal, expressed choice of English subjects. In many 
instances it has been occupied by foreigners, and in every 
case it has been claimed by right of birth. 

(b) An elective monarchy is one whose sovereign is elected ( 
to the throne by his subjects, or by those holding official 
(&) Elective positions giving them a voice in the pro- 
Monarchy. ceeding. He is elected for life. There 
have been but few such monarchies. 

IV. An aristocratic government is one in which the power 
tv. Aristocratic to rule the affairs of state is vested in the 

Government. hands of a few persons, — a select body 



CIVIL GOVERNMENT. 7 

of men. Aristocracy signifies a government of the best or 
by the best. They may hold their positions by right of 
birth or by appointment. 

A government is said to be aristocratic the constitution 
of which establishes privileged classes, as the nobility and 
clergy, and intrusts the government entirely to them, or 
allows them a very disproportionate share in it. Such was 
formerly the government of Venice ; and some of the 
Swiss cantons are governed in the same manner. More 
or less of this element pervades the most powerful gov- 
ernments of Europe. It is wholly absent in the govern- 
ment and Constitution of the United States. We have no 
orders of nobility, and no privileged classes. 

V. A democratic form of government is one in which the 
ruling power, or the principle of sovereignty, is exercised 
by the people. Strictly speaking, it is one v. Democratic 
under which the people assemble together Government. 
at stated times, and all have a voice in making the laws by 
which they promise to be governed. 

By the word " people," as here used, the qualified voters 
only are included. The qualifications to vote are gen- 
erally defined by a constitution, called the fundamental 
law of the nation. Proper age, male sex, citizenship, and 
residence are the usual conditions for a voice in public 
affairs. 

Some of the cities of ancient Greece acted under this 
form of government, and some of the smaller Swiss can- 
tons govern themselves by the same mode; but it is a 
very unwieldy, clumsy method, and utterly impracticable 
in a state of considerable population, or breadth of territory. 

VI. A republican form of government is a representa- 
tive government. The state or nation ri . Republican 
is governed by laws made by representa- Government. 
tives chosen by the voters at elections held at stated 



8 CIVIL GOVERNMENT. 

times, and most of the officers of government are elected 
in substantially the same way. The officer or representa- 
tive is chosen by the people, and is their agent or ser- 
vant. 

A full definition of the word " republican," as generally 
understood, necessarily includes the element of democracy. 
The people's voice is heard in the election, and this is 
democratic. But the law-making and law-executing are 
done by those who are elected for these purposes. The 
latter is the republican element, or representative feature. 

Hence the government^ of the United States is demo- 
cratic-republican. The term " republican," however, is the 
one by which it is usually known. Defined by the extent 
and peculiarities of jurisdiction, the country known as the 
United States has two distinct classes of government. 
These are: i. State; 2. Federal. 

1. Each State, known and defined by geographical 

boundaries, has a dependent republican government of its 

1. state own. Before it entered the Federal Union 

Governments, ft possessed all the attributes of national 
sovereignty. It could make treaties and form alliances ; 
it could declare war, grant letters of marque and reprisal, 
and conclude peace ; it could raise and support armies and 
navies ; it could coin money, and emit bills of credit, and, 
in short, exercise all the prerogatives of an independent 
nation. 

But these powers, and several others, were surrendered 
to the General Government when the State became a mem- 
ber of the Federal Union. On assuming this relation, the 
States ratified the Constitution of the United States. By 
this act all the States not oaly created a new government 
over themselves, but entered into entirely new relations to 
each other. They accepted a Constitution as the bond of 
their union. 



CIVIL GOVERNMENT. 9 

This bond clearly defines what they severally resign for 
the common good, and what they reserve. 

2. The Federal Government is the outgrowth of this 
union of the several States. The form of this government 
is, like that of each of the several States, 2. Federal 
republican. It has, like the States, three Government. 
distinctive branches or departments : the legislative, exec- 
utive, and judicial. 

The Nation has its president, and the State has its gov- 
ernor; the Nation has its vice-president, and the State its 
lieutenant-governor. The Nation has its Congress, and the 
State its Legislature. The Nation has its federal judiciary, 
and the State has its system of courts. In many other 
respects the pupil will find a close analogy between the 
State and Federal government. If he will make himself 
well acquainted with the Constitution of the United 
States, he can easily acquire a general knowledge of any 
State government by attentively reading its constitution. 
He will find that in many particulars the State constitu- 
tions are not only similar to each other, but in numerous 
instances bear a striking resemblance to the Constitution 
of the Federal Government. 

Although six specific forms of government have been 
defined, they are either monarchial or democratic in char- 
acter, or a mixture of these. Patriarchal Governments 
and theocratic are definite forms of the compared. 
monarchial. The rule of an empire by one man is of the 
same class. God governed the Israelites by direct au- 
thority; the father governs his family by direct com- 
mand ; and the will of the absolute sovereign is the 
law for his millions of subjects. These several types of 
the monarchial form are called by different names, because 
thereby the exact relations of sovereign to subjects are 
more clearly expressed. 



IO CIVIL GOVERNMENT. 

The democratic form is a government " of the people, 
by the people, andyfrr the people." A republican govern- 
ment might be defined by the same words. The sov- 
ereignty is in the people, but is exercised indirectly. They 
choose their own officers, law-makers, and law-interpreters. 
In a few instances the officers are chosen by intermediate 
authority ; but this method is sanctioned by the people. 

A government purely aristocratic, as generally defined, 
can hardly be found in history, certainly not of long con- 
inuance. This element may be combined with the mo- 
narchial or democratic, and it usually is ; but as an inde- 
pendent government it must be a usurpation. It excludes 
all idea of authority except what is assumed : for, if the 
aristocratic rulers derive their power from the sovereign 
of a kingdom or an empire, the monarchial form appears ; 
if, on the other hand, they are elected or appointed by 
the people, directly or indirectly, the democratic form ap- 
pears. In either case there is not an independent aris- 
tocracy, but one that is dependent on the form to which 
it is attached or allied. 

In all monarchies of modern times, whether absolute 
or limited, this element is present. In Great Britain, for 
Orders of instance, there is a titled nobility, distinct 
Nobility. from the royal family. It consists of sev- 
eral orders : dukes, marquises, earls, viscounts, and barons. 
Orders of nobility sit in the shadow of every earthly throne. 
Without them, royalty itself must languish and die. 

Political Maxims. ' 

i. The good of the governed is the only true object of every gov- 
ernment. 

2. That government under which the rights of all persons are not 
equally protected is organized injustice. 



CIVIL GOVERNMENT. II 

3. Under a genuine republican government there are no political 

distinctions of birth. 

4. An intelligent people cannot live under a government in which 

they have no voice. 

5. For a moral and intelligent people a republican government is 

the best in the world ; for an immoral and ignorant people 
it is the worst. 

6. The Constitution of the United States should be carefully 

studied by every American citizen. 

7. Every citizen should be familiar with the constitution of his 

own State. 

8. Every enfranchised citizen should exercise his right of suffrage. 

9. No citizen should approach the ballot-box ignorant of the ques- 

tion to be decided by his vote. 

10. The Constitution of the United States lies at the foundation of 

all political knowledge relating to this country. 

11. Schoolhouses and schoolmasters are forts and garrisons to a 

republic. 

12. In the United States the ballots of ignorant voters are more to 

be dreaded than the muskets of foreign soldiers. 



Questions. 

1. What does government mean ? 

2. What examples are given ? 

3. What could we do without government? 

4. Why would we be*unsafe without it ? 

5. What are the advantages of government ? 

6. What does the word " government" here signify? 

7. What about the forms of government ? 

8. Who govern the most ignorant nations ? 

9. How do despots rule ? 

10. What does history show as to ignorance ? 

11. What does the statesman know? 

12. What is said of the schoolhouse ? 

13. What is said of the government of the United States ? 

14. On what does its safety depend ? 
?5. What is said of the ignorant voter? 

16. What forms of government are known in history? 

17. In what is the first founded ? 

18. What is said of it ? 

Short. Civ. Gov.— 2 



12 CIVIL GOVERNMENT. 

19. Where does it now exist? 

20. What is said of a theocratic form ? 

21. When and over whom did it prevail ? 

22. Where did the Israelites receive the law ? 

23. What is said of a monarchy ? 

24. By what terms may monarchs be known? 

25. How are monarchies divided ? 

26. What is an absolute monarchy ? 

27. What countries are despotisms ? 

28. What is a limited monarchy ? 

29. What is the limit of the sovereign's power over it ? 

30. What may such a government be called ? 

31. What is said of a sovereign's title to his throne ? 

32. What example is given ? 

33. What is said of William the Conqueror ? 

34. What did the battle of Hastings decide? 

35. What is an elective monarchy? 

36. What is an aristocratic government ? 

37. Where have such existed ? 

38. What is said of it in Europe and in the United States ? 

39. What is the democratic form ? 

40. How are the qualifications to vote defined ? 

41. Where has the democratic form prevailed ? 

42. What is a republican government ? 

43. What is that of the United States ? 

44. What is said of State governments ? 

45. What changes in the States on entering the Union? 

46. What is the Federal Government ? 

47. How are the State and general government compared ? 

48. What are the two principal forms of government? 

49. What are the others ? 

50. What is said of the democratic-republican form ? 

51. What of the aristocratic? 

52. What is said of this element in Great Britain ? 

53. What are orders of nobility there ? 



CHAPTER I I. 

LESSON II. —SETTLEMENT OF AMERICA. 



A colony consists of a company of people who associate 
together for mutual advantage in the settlement of a 
remote country. Having: a common obiect, 

J . b . Colony defined. 

they generally are induced to thus unite on 
account of similarity of views on religion, politics, or social 
interest. They may migrate from a single country or 
nation, or from different countries. A settlement thus 
formed is called a colony, and this mode of settlement is 
called colonization. 

A colony usually adopts local laws for its own conven- 
ience, adapted to its circumstances, but subject to the 
general laws and government of the country from which 
the people of the colony emigrated. If they came from 
England, they would be called an English colony ; if from 
Spain, they would be called a Spanish colony ; thus taking 
the name from the country in which the inhabitants had 
formerly resided. 

Different parts of the great North American continent 
were colonized in the manner just named. Four hundred 
years ago nothing was known of America to the Europeans. 
It had not then been discovered. When Columbus first 
landed on these shores, the country was one vast wilder- 
ness, inhabited by rude and ignorant savages, having no 
knowledge of law, government, religion, science, literature, 

13 



14 CIVIL GOVERNMENT. 

or art. They had no churches, no schools, no gardens, no 
farms. They lived by hunting and gathering fruits and 
roots of spontaneous growth. They clothed themselves 
The American with the skins of beasts. As to their food, 
Colonies. ^ney knew not how to preserve it ; made 
no provision for the future, but were dependent on each 
day's efforts for each day's supply. Hence starvation might 
overtake them any day. They lived in rude huts and wig- 
wams, and slept on the bare ground through all seasons of 
the year. 

On account of religious and political intolerance and 
persecution in the countries of Europe, and other home 
grievances, thousands of people left their native country in 
the Old World and migrated to the New. Here they 
planted colonies all along the coast of the Atlantic in 
North America. These settlements were for the most 
part made by English subjects, and in the course of time 
the Colonies were all brought under the authority of the 
British Crown. 

When territory is found uninhabited at the origin of 
new settlements therein, it is usual to adopt the laws of 
the nation from which the settlers have migrated, so far as 
they may be found applicable to the new condition of things. 

Although this country was occupied by a wild, uncul- 
tivated, and savage population, without law or government 
in any civilized sense, the Colonists chose to consider 
themselves as settling an uninhabited territory. As a 
large proportion of the new settlers of these Colonies were 
from England, they would naturally lean to the jurispru- 
dence of that country. 

It must be remembered, also, that the Colonies were 
nearly all settled under the patronage and favor of Great 
Britain. Those that were not soon came under the 
jurisdiction of the British Crown. 



SETTLEMENT OF AMERICA. 



*5 



The growth of the Colonies was slow and gradual, 
extending through a period of from one hundred to one 
hundred and fifty years. The following are the names and 
dates respectively of their first permanent settlements : — 



Virginia 1607 

New York 1614 

Massachusetts 1620 

New Jersey 1620 

New Hampshire 1623 

Maryland 1634 

Connecticut 1635 



Rhode Island 1636 

Delaware 1638 

Pennsylvania 1643 

North Carolina 1663 

South Carolina 1670 

Georgia 1733 



Over these Colonies the British Government maintained 
supremacy for more than a hundred years. But the latter 
part of the eighteenth century the Colonies The declaration 
became so disaffected towards the govern- °f independence. 
ment of England, on account of what they regarded as 
oppressive measures of the British Parliament, that they 
were induced to declare themselves independent of the 
authority of that country. This formal act of separation is 
called the Declaration of Independence. It w T as made in 
a congress composed of delegates from all the Colonies, 
on the fourth day of July, in the year one thousand seven 
hundred and seventy-six. 

In this declaration the Colonies, by their representatives, 
proclaimed themselves free and independent States. They 
abjured all allegiance to the British Crown, and assumed, 
that, as free and independent States, they possessed all 
the attributes and prerogatives of a sovereign and inde- 
pendent nation. 

The Colonies had been at war with Great Britain for 
more than a year before this declaration. The war con- 
tinued seven years longer, and resulted n ie nevoUition- 
in the complete triumph of the American ar & Wa} ' 
cause. Great Britain acknowledged the independence of 



1 6 CIVIL GOVERNMENT. 

the United States, and peace between the two countries 
was proclaimed in one thousand seven hundred and 
eighty-three. 

Questions. 

i. What is a colony ? 

2. What does a colony usually do ? 

3. From what does a colony take its name? 

4. What was the condition of the country when Columbus first 

landed in America? 

5. What is said of the savages ? 

6. Why did people leave the Old Country for the New? 

7. What did they do here ? 

8. By whom were most of the settlements made ? 

9. Under whose authority were they ? 

10. What is the practice on finding new territory ? 

11. What did the Colonists consider the territory which they 

settled ? 

12. Under whose patronage were the Colonies established ? 

13. What is said of the growth of the Colonies ? 

14. What was the date of the settlement of each ? 

15. How long did the British Government maintain supremacy 

over these Colonies ? 

16. What occurred the latter part of the eighteenth century ? 

17. What is this formal act called in history? 

18. By whom and when was it made ? 

19. What did the Colonies proclaim in this declaration ? 

20. How long did the war continue? 

21. When was peace proclaimed between the two countries? 



CHAPTER III. 

LESSON III. — ARTICLES OF CONFEDERATION. 



After the Declaration of Independence was passed, 
a plan was adopted by which to unite the States as one 
nation. In the month of September, 1776, me Articles of 
Congress proposed Articles of Confedera- confederation. 
tion, and caused them to be sent to the several States, 
asking for their ratification of the same. These articles 
were not to be binding between the States ratifying them 
until they should receive the approval of all. 

In July, 1778, the ratification of all the States had been 
obtained, except Delaware, New Jersey, and Maryland. 
The assent of New Jersey was given Nov. 25 of the same 
year; of Delaware, Feb. 22, 1779; and of Maryland, 
March 1, 1781. On the second day of March, 1781, Con- 
gress assembled under the Confederation. 

But the Revolutionary War, which began in 1775, had 
continued all this time ; during which the States had been 
united by the ties of a common interest, by the sense of a 
common danger, and by the necessities of a common 
cause, having no written bond of union. In short, they 
were held together by their fears. 

The following are some of the peculiarities that dis- 
tinguish the Articles of Confederation from the present 

Constitution. 

it 



l8 CIVIL GOVERNMENT. 

1. The Confederation was declared to be a firm league of friend- 

ship between the several States. 

2. Delegates to Congress were to be appointed annually, in such 

manner as the Legislature of each State might direct. 

3. The power was reserved to the States to recall their delegates, 

or any of them, within the year, and to send others in their 
places for the remainder of the year. 

4. No State was allowed representation in Congress by less than 

two nor more than seven members. 

5. No person was eligible to a seat in Congress for more than 

three, in any term of six years. 

6. Each State had to maintain its own delegates in a meeting of 

the States, and while as members of the committee of the 
States. 

7. In determining questions in the Congress, each State had but 

one vote. 

8. All charges of war and other expenses, incurred for the com- 

mon defense and general welfare, were to be defrayed out 
of a common treasury. 

9. The treasury was to be supplied by the several States, in pro- 

portion to the value of all lands, and the improvements and 
buildings thereon, within each State, granted to or surveyed 
for any person, to be estimated according to the direction 
of Congress. 

10. Congress was to send and receive ambassadors. 

11. Congress was the tribunal of last resort, on appeal, in all dis- 

putes and differences between two or more States concern- 
ing boundary, jurisdiction, or any other cause whatever. 

12. Congress was the tribunal to decide all controversies concern- 

ing the private right of soil claimed under different grants 
of two or more States, under certain limitations. 

13. Congress was to commission all the officers of the United 

States. 

14. Congress had authority to appoint a committee, to sit during 

the recess of that body, to be denominated " a Committee 
of the States," and to consist of one delegate from each State. 

15. Canada, acceding to the Confederation, and joining in the 

measures of the United States, was to be admitted into 
the Union. 

16. The Union was to be perpetual. 

17. No provision was made for any such officer as president. 

18. There was no national judiciary. 

19. Congress consisted of but one House. 



ARTICLES OF CONFEDERATION. 1 9 

By reference to the foregoing synopsis of peculiarities in 
the Articles of Confederation, it is not remarkable, that, as 
a constitution for the country, they soon The Confedera _ 
proved a failure. They were hastily pre- Hon Unsatisfac- 
pared, and, public attention being almost tory ' 

wholly absorbed on the great events of the day, they did 
not receive that critical investigation which their impor- 
tance demanded. As a plan of union, they were never 
entirely satisfactory to the leading statesmen of that day. 

It was but five or six years after their ratification by all 
the States before decisive steps were taken for their re- 
vision. Their insufficiency had become so completely 
demonstrated that a wide-spread conviction prevailed that 
they must either be revised or abandoned altogether. 

Questions. 

1. What was done after the Declaration of Independence? 

2. What was proposed by Congress? 

3. When did the States ratify the Articles of Confederation ? 

4. When did they go into operation? 

5. How were the States united during the war? 

6. What were some of the peculiarities of the Articles of Confed- 

eration? 



CHAPTER I V. 

LESSON IV. — ORIGIN OF THE CONSTITUTION. 



On the 21st of January, 1786, the Virginia Legislature 

took the first step which finally led to the formation of the 

present Constitution of the United States. 

The First Call for That , , ed ^ following reso- 

a Convention. j j r & 

lution : — 

"Resolved, That Edmund Randolph, James Madison, 
Jr., Walter Jones, St. George Tucker, and Meriweather 
Smith, Esqs., be appointed commissioners, who, or any 
three of whom, shall meet such commissioners as may be 
appointed in the other States of the Union, at a time and 
place to be agreed on, to take into consideration the trade 
of the United States ; 

" To examine the relative situations and trade of said 
States ; 

" To consider how far a uniform system in their com- 
mercial regulations may be necessary to their common 
interests and their permanent harmony • 

" And to report to the several States such act relative to 
this great object, as, when unanimously ratified by them, 
will enable the United States in Congress effectually to 
provide for the same. " 

The time and place of meeting were left to the commis- 
sioners, and they fixed on the first Monday of September 
following, at Annapolis, Md. In response to the action 



ORIGIN OF THE CONSTITUTION. 21 

of Virginia, but eight States appointed commissioners to 
attend the meeting. When the time of meeting arrived, 
only five States were represented : New York, Pennsyl- 
vania, Virginia, Delaware, and New Jersey. 

The meeting, it had become evident, must prove a 
failure; for so few commissioners were present, it was 
thought to be unwise to proceed to the But Five states 
business for which the meeting was called. respond. 
But they were reluctant to adjourn without taking some 
forward step. 

The New Jersey deputation had a commission extend- 
ing its object to a general provision for the " exigencies 
of the Union." Acting on this suggestion, a recommen- 
dation for this enlarged purpose was reported by a com- 
mittee to whom the subject had been referred. 

That report was written by Alexander Hamilton of 
New York, and addressed to the Legislatures of the States 
represented in the convention. 

This report was an able, lucid, and elaborate document, 
recommending another convention of deputies from all 
the States, to meet on the second Monday of May follow- 
ing, 1787, in the city of Philadelphia. A copy of the 
report was also sent to Congress. 

Virginia again took the lead, and was the first to ap- 
point deputies to the proposed Philadelphia Convention, 
among whom was their most distinguished citizen, George 
Washington. 

Feb. 21, 1787, a resolution was moved and carried in 
Congress, recommending a convention to meet in Phila- 
delphia at the time suggested in the report, congress 
" for the purpose of revising the Articles recommends a 
of Confederation, and reporting to Con- 
gress and the several State Legislatures such alterations 
and provisions therein as shall, when agreed to in Con- 



22 CIVIL GOVERNMENT. 

gress and confirmed by the States, render the Federal 
Constitution adequate to the exigencies of government and 
the preservation of the Union." 

But on account of the uprising, known as the Shays' 
Rebellion, in Massachusetts, which had occurred within the 
last year or two, the deranged condition of the finances of 
the country, and sharp controversies, verging on open hos- 
tility, between several of the States, the public mind was 
drifting in the right direction to favor the recommenda- 
tion of Congress. The States promptly acted through 
their Legislatures, and delegates were appointed to meet 
in the proposed convention to revise the Articles of Con- 
federation. 

On the day appointed, however, the second Monday in 
May, 1787, there, was by no means a full representation 
The constitutional of the States, there being present but 

Convention. twenty-nine delegates. They did not im- 
mediately proceed to business, therefore, but adjourned 
from day to day, waiting for a fuller delegation, until Fri- 
day, the 25th. On that day they organized by unanimously 
choosing George Washington president of the convention. 

The daily sessions of that body continued until the 17th 
of September, four months and three days from the day 
appointed for their meeting. Their sessions were secret 
(they sat with closed doors) ; and, although the new Con- 
stitution was soon published to the people, the daily pro- 
ceedings of the convention were not known until more 
than fifty years after its labors were ended. 

James Madison of Virginia, afterwards President of the 
United States, was a member of the convention. He was 
a very ready writer of shorthand, and took copious notes 
of the proceedings. These notes were published by 
authority of Congress over fifty years thereafter, and 
several years subsequent to their author's death. They 



ORIGIN OF THE CONSTITUTION. 23 

are known in their published form, three large volumes, 
as u The Madison Papers.'" 

When their labors were finished, a copy of the new 
Constitution was sent to Congress, then in session, with 
the recommendation that it should be presented to the 
people for ratification by State conventions called for that 
purpose. 

In response to the recommendation of the convention, 
Congress took the necessary steps to have the new Con- 
stitution transmitted to the several State Ratification of the 
Legislatures, in order to be submitted to Constitution. 
a convention of delegates chosen in each State by the 
people thereof. 

By the terms of that document, the ratification of the 
conventions of nine States was declared sufficient for its 
establishment between the States so ratifying the same. 

Three States ratified it before the close of the year 1787, 
and eight more by the 26th of July, 1788; so that, in less 
than one year from the time of its submission to the 
people, a sufficient number of States had accepted it as the 
fundamental law of the land to warrant the commence- 
ment of operations under it. 

Under the direction of Congress, representatives were 
elected by the people, and senators by the State Legisla- 
tures, and electors of President and Vice-President were 
chosen. On Wednesday, the fourth day of March, 1789, 
the first Constitutional Congress met, and proceedings 
were commenced under the new organization soon after. 

In those days travel was far more difficult than in these 
later days of railroad facilities. A quorum in Congress, 
therefore, did not assemble until the 6th The 

of April, at which time the VOteS for New Government 

President were counted ; and it was found organized. 
that George Washington was unanimously elected. John 



24 CIVIL GOVERNMENT. 

Adams of Massachusetts was elected Vice-President. Thus 
the new government was now in full operation. 

Questions. 

i. What did Virginia do Jan. 21, 1786 ? 

2. Who were the commissioners appointed ? 

3. What time and place did they select ? 

4. How many States appointed commissioners besides Virginia? 

5. How many and what States were represented in the meeting ? 

6. Why did not the meeting proceed to business? 

7. What course did they take ? 

8. What subject was referred to a committee? 

9. By whom was that report written ? 

to. What was the substance of the report ? 

11. What course did Virginia take? 

12. What was done in Congress about the matter? 

13. What circumstances caused a favorable change in the public 

mind ? 

14. What course did the States take ? 

15. How many delegates appeared at the time and place of meet- 

ing? 

16. When did the convention organize ? 

17. Who was chosen president? 

18. How long did the session continue? 

19. How were the sessions held ? 

20. What is said of Mr. Madison? 

21. What was done when the convention finished its work ? 

22. What course did Congress take ? 

23. How many States ratified it in 1787? 

24. How many in 1788? 

25. What proceedings followed these ratifications? 

26. When did the first Congress meet ? 

27. Who was chosen the first President ? 



CHAPTER V. 

LESSON V. 1 — CONSTITUTION OF THE UNITED 
STATES OF AMERICA. 



Note. — A figure in parentheses is placed at the beginning of each clause of 
this copy of the Constitution, for convenience of reference in the following pages. 



(1) Preamble. — We, the People of the United States, 
in order to form a more perfect union, establish justice, 
insure domestic tranquillity, provide for the common 
defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United 
States of America. 

(#) Article I. Section i. — All legislative powers herein 
granted shall be vested in a Congress of the United 
States, which shall consist of a Senate and House of 
Representatives. 

(3) Section 2. — i. The House of Representatives shall 
be composed of members chosen every second year 
by the people of the several States, and the electors 
in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State 
Legislature. 

(4) 2. No person shall be a representative who shall 
not have attained to the age of twenty-five years, and 
been seven years a citizen of the United States, and 

1 The teacher should require the pupil to become so familiar with this lesson 
that he will be able to answer the questions at the end of it. 

25 



26 CIVIL GOVERNMENT. 

who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

(5) 3. Representatives and direct taxes shall be ap- 
portioned among the several States which may be 
included within this Union, according to their respec- 
tive numbers, which shall be determined by adding to 
the whole number of free persons, including those 
bound to service for a term of years, and excluding 
Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within three 
years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. The 
number of representatives shall not exceed one for 
every thirty thousand, but each State shall have at 
least one representative ; and, until such enumeration 
shall be made, the State of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut 
five, New York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

(6) 4. When vacancies happen in the representation 
from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies. 

(7) 5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole 
power of impeachment. 

(8) Section 3. — 1. The Senate of the United States shall 
be composed of two senators from each State, chosen 
by the Legislature thereof for six years ; and each 
senator shall have one vote. 

(9) 2. Immediately after they shall be assembled in 
consequence of the first election, they shall be divided, 
as equally as may be, into three classes. The seats 
of the senators of the first class shall be vacated at 
the expiration of the second year ; of the second class, 
at the expiration of the fourth year ; and of the third 



CONSTITUTION OF THE UNITED STATES. 27 

class, at the expiration of the sixth year ; so that one 
third may be chosen every second year : and if vacan- 
cies happen, by resignation or otherwise, during the 
recess of the Legislature of any State, the executive 
thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill 
such vacancies. 

(10) 3. No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he 
shall be chosen. 

(11) 4. The Vice-President of the United States shall be 
president of the Senate, but shall have no vote unless 
they be equally divided. 

(12) 5. The Senate shall choose their other officers, and 
also a president pro tempore in the absence of the 
Vice-President, or when he shall exercise the office of 
President of the United States. 

(13) 6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the chief justice shall 
preside ; and no person shall be convicted without the 
concurrence of two thirds of the members present. 

(H) 7. Judgment in cases of impeachment shall not 
extend further than to removal from office, and disqual- 
ification to hold and enjoy any office of honor, trust, or 
profit, under the United States ; but the party con- 
victed shall nevertheless be liable and subject to indict- 
ment, trial, judgment, and punishment, according to law. 

(15) Section 4. — 1. The times, places, and manner of 
holding elections for senators and representatives 
shall be prescribed in each State by the Legisla- 
ture thereof ; but the Congress may at any time, by 
law, make or alter such regulations, except as to 
the places of choosing senators. 

(16) 2. The Congress shall assemble at least once in 

Short. Civ. Gov. — 3 



28 CIVIL GOVERNMENT. 

every year ; and such meeting shall be on the first 
Monday in December, unless they shall by law ap- 
point a different day. 

(17) Section 5. — 1. Each House shall be the judge of the 
elections, returns, and qualifications of its own mem- 
bers ; and a majority of each shall constitute a quorum 
to do business, but a smaller number may adjourn 
from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and 
under such penalties as each House may provide. 

(18) 2. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two thirds, expel a 
member. 

(19) 3. Each House shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy ; 
and the yeas and nays of the members of either 
House on any question shall, at the desire of one fifth 
of those present, be entered on the journal. 

(20) 4. Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two Houses shall be sitting. 

(21) Section 6. — 1. The senators and representatives 
shall receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of the 
United States. They shall, in all cases except treason, 
felony, and breach of the peace, be privileged from 
arrest during their attendance at the session of their 
respective Houses, and in going to and returning from 
the same ; and for any speech or debate in either 
House, they shall not be questioned in any other place. 

(22) 2. No senator or representative shall, during the 
time for which he was elected, be appointed to any civil 
office under the authority of the United States which 
shall have been created, or the emoluments whereof 
shall have been increased, during such time ; and no 



CONSTITUTION OF THE UNITED STATES. 29 

person holding any office under the United States shall 
be a member of either House during his continuance 
in office. 

(23) Section 7. — 1. All bills for raising revenue shall 
originate in the House of Representatives ; but the 
Senate may propose or concur with amendments, as on 
other bills. 

(24) 2. Every bill which shall have passed the House 
of Representatives and the Senate, shall, before it 
become a law, be presented to the President of the 
United States : if he approve, he shall sign it ; but if 
not, he shall return it, with his objections, to that 
House in which it shall have originated, who shall 
enter the objections at large on their journal, and pro- 
ceed to reconsider it. If, after such reconsideration, 
two thirds of that House shall agree to pass the bill, 
it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsid- 
ered j and, if approved by two thirds of that House, 
it shall become a law. But, in all such cases, the 
votes of both Houses shall be determined by yeas and 
nays ; and the names of the persons voting for and 
against the bill shall be entered on the journal of each 
House respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, 
unless the Congress, by their adjournment, prevent its 
return ; in which case it shall not be a law. 

(25) 3. Every order, resolution, or vote to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjourn- 
ment) shall be presented to the President of the United 
States, and, before the same shall take effect, shall be 
approved by him, or, being disapproved by him, shall be 
re-passed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations 
prescribed in the case of a bill. 



30 CIVIL GOVERNMENT. 

Section 8. — The Congress shall have power, — 

(26) i. To lay and collect taxes, duties, imposts, and 
excises, to pay the debts, and provide for the common 
defense and general welfare, of the United States ; 
but all duties, imposts, and excises shall be uniform 
throughout the United States ; 

(27) 2. To borrow money on the credit of the United 
States ; 

(28) 3. To regulate commerce with foreign nations and 
among the several States, and with the Indian tribes ; 

(29) 4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, through- 
out the United States ; 

(SO) 5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and 
measures ; 

(81) 6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States; 

(82) 7. To establish post offices and post roads ; 

(S3) 8. To promote the progress of science and useful 
arts by securing for limited times, to authors and in- 
ventors, the exclusive right to their respective writings 
and discoveries ; 

(SJ/) 9. To constitute tribunals inferior to the Supreme 
Court ; 

(85) 10. To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law 
of nations ; 

(86) 11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water ; 

(87) 12. To raise and support armies, but no appropriation 
of money to that use shall be for a longer term than 
two years ; 

(88) 13. To provide and maintain a navy ; 

(89) 14. To make rules for the government and regulation 
of the land and naval forces ; 

(Jfi) 15. To provide for calling forth the militia to execute 



CONSTITUTION OF THE UNITED STATES. 3 1 

the laws of the Union, suppress insurrections, and 
repel invasions ; 
(Jj.1) 16. To provide for organizing, arming, and disci- 
plining the militia, and for governing such part of them 
as may be employed in the service of the United States, 
reserving to the States respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress ; 

(42) 17. To exercise exclusive legislation in all cases 
whatsoever over such district (not exceeding ten miles 
square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the gov- 
ernment of the United States; and to exercise like 
authority over all places purchased, by the consent of 
the Legislature of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings ; and 

(43) 18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 
government of the United States, or in any depart- 
ment or officer thereof. 

(44) Section 9. — 1. The migration or importation of such 
persons as any of the States now existing shall think 
proper to admit shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight ; 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

(Jf5) 2. The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or in- 
vasion, the public safety may require it. 

(46) 3. No bill of attainder, or ex post facto law, shall be 
passed. 

(47) 4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration here- 
inbefore directed to be taken. 

(43) S . No tax or duty shall be laid on articles exported 
from any State. 



32 CIVIL GOVERNMENT. 

{4-9) 6. No preference shall be given by any regulation of 
commerce or revenue to the ports of one State over 
those of another ; nor shall vessels bound to or from 
one State be obliged to enter, clear, or pay duties, in 
another. 

(50) 7. No money shall be drawn from the treasury but 
in consequence of appropriations made by law; and a 
regular statement and account of the receipts and ex- 
penditures of all public money shall be published from 
time to time. • 

(51) 8. No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or 
trust under them shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title, of 
any kind whatever, from any king, prince, or foreign state. 

(52) Section io. — i. No State shall enter into any treaty, 
alliance, or confederation ; grant letters of marque and 
reprisal; coin money ; emit bills of credit; make any 
thing but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts ; or grant 
any title of nobility. 

(53) 2. No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or ex- 
ports, except what may be absolutely necessary for ex- 
ecuting its inspection laws ; and the net produce of all 
duties and imposts laid by any State on imports or ex- 
ports shall be for the use of the treasury of the United 
States, and all such laws shall be subject to the revi- 
sion and control of the Congress. 

(5Jf) 3. No State shall, without the consent of Congress, 
lay any duty of tonnage, keep troops or ships of war in 
time of peace, enter into any agreement or compact 
with another State or with a foreign power, or engage 
in war, unless actually invaded or in such imminent 
danger as will not admit of delay. 

(55) Article II. Section 1. — 1. The executive power 
shall be vested in a President of the United States of 



CONSTITUTION OF THE UNITED STATES. 33 

America. He shall hold his office during the term of 
four years, and, together with the Vice-President chosen 
for the same term, be elected as follows : — 
[56) 2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors 
equal to the whole number of senators and represent- 
atives to which the State may be entitled in the Con- 
gress ; but no senator or representative, or person hold- 
ing an office of trust or profit under the United States, 
shall be appointed an elector. 

[The following paragraph (57) is the Twelfth Article of Amend- 
ment, and supersedes the clause originally inserted here (see TOWN- 
send's "Analysis of Civil Government").] 

{57) 3. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of the 
same State with themselves. They shall name in their 
ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice-President ; 
and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each ; which 
lists they shall sign and certify, and transmit, sealed, 
to the seat of the government of the United States, di- 
rected to the president of the Senate. The president 
of the Senate shall, in presence of the Senate and 
House of Representatives, open all the certificates, and 
the votes shall then be counted. The person having 
the greatest number of votes for President shall be the 
President, if such number be a majority of the whole 
number of electors appointed ; and if no person have 
such majority, then, from the persons having the high- 
est numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. 
But, in choosing the President, the votes shall be taken 
by States, the representation from each State having 
one vote. A quorum for this purpose shall consist ot 



34 CIVIL GOVERNMENT. 

a member or members from two thirds of the States, 
and a majority of all the States shall be necessary to 
a choice. And if the House of Representatives shall 
not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March 
next following, then the Vice-President shall act as 
President, as in the case of the death, or other constitu- 
tional disability, of the President. The person having 
the greatest number of votes as Vice-President shall be 
the Vice-President, if such number be a majority of t he- 
whole number of electors appointed ; and if no person 
have a majority, then, from the two highest numbers 
on the list, the Senate shall choose the Vice-President. 
A quorum for the purpose shall consist of two thirds 
of the whole number of senators ; and a majority of the 
whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the 
United States. 

(58) 4. The Congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the 
United States. 

(59) 5. No person, except a natural-born citizen, or a 
citizen of the United States at the time of the adoption 
of this Constitution, shall be eligible to the office of 
President ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within 
the United States. 

(60) 6. In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice-President ; and the 
Congress may by law provide for the case of removal, 
death, resignation, or inability, both of the President 
and V' je-President, declaring what officer shall then 
act as President, and such officer shall act accordingly 



CONSTITUTION OF THE UNITED STATES. 35 

until the disability be removed, or a President shall be 
elected. 

(61) 7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected ; and he shall not receive 
within that period any other emolument from the United 
States, or any of them. 

(62) 8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation : — 

" I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, 
and defend the Constitution of the United States." 

(63) Section 2. — 1. The President shall be commander- 
in-chief of the army and navy of the United States, 
and of the militia of the several States when called 
into the actual service of the United States. He may 
require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject 
relating to the duties of their respective offices ; and 
he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of 
impeachment. 

(6Jf) 2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two 
thirds of the senators present concur ; and he shall 
nominate, and by and with the advice and consent of 
the Senate shall appoint, ambassadors, other public 
ministers, and consuls, judges of the Supreme Court, 
and all other officers of the United States whose ap- 
pointments are not herein otherwise provided for, and 
which shall be established by law ; but the Congress 
may by law vest the appointment of such inferior of- 
ficers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

(65) 3. The President shall have power to fill up all va- 
cancies that may happen during the recess of the Senate 



36 CIVIL GOVERNMENT. 

by granting commissions, which shall expire at the end 
of their next session. 

(66) Section 3. — He shall from time to time give to the 
Congress information of the state of the Union, and 
recommend to their consideration such measures as 
he shall judge necessary and expedient ; he may, on 
extraordinary occasions, convene both Houses, or either 
of them, and, in case of disagreement between them 
with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper ■ he 
shall receive ambassadors and other public ministers ; 
he shall take care that the laws be faithfully executed, 
and shall commission all the officers of the United States. 

(67) Section 4. — The President, Vice-President, and all 
civil officers of the United States, shall be removed 
from office on impeachment for and conviction of trea- 
son, bribery, or other high crimes and misdemeanors. 

(68) Article III. Section 1. — The judicial power of the 
United States shall be vested in one Supreme Court, 
and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both 
of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall at stated times 
receive for their services a compensation, which shall 
not be diminished during their continuance in office. 

(69) Section 2. — 1. The judicial power shall extend to all 
cases in law and equity arising under this Constitution, 
the laws of the United States, and treaties made, or 
which shall be made, under their authority ; to all cases 
affecting ambassadors, other public ministers, and con- 
suls ; to all cases of admiralty and maritime jurisdiction ; 
to controversies to which the United States shall be a 
party ; to controversies between two or more States, 
between a State and citizens of another State, between 
citizens of different States, between citizens of the 
same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, 
and foreign states, citizen^ or subjects. 



CONSTITUTION OF THE UNITED STATES. 37 

(70) 2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State 
shall be party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and 
under such regulations as the Congress shall make. 

(71) 3. The trial of all crimes, except in cases of im- 
peachment, shall be by jury • and such trial shall be 
held in the State where the said crimes shall have 
been committed : but, when not committed within any 
State, the trial shall be at such place or places as the 
Congress may by law have directed. 

(72) Section 3. — 1. Treason against the United States 
shall consist only in levying war against them, or in 
adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

(73) 2. The Congress shall have power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

(74) Article IV. Section 1. — Full faith and credit shall 
be given in each State to the public acts, records, and 
judicial proceedings of every other State ; and the 
Congress may, by general laws, prescribe the manner 
in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

(75) Section 2. — 1. The citizens of each State shall be 
entitled to all privileges and immunities of citizens 
in the several States. 

(76) 2. A person charged in any State with treason, fel- 
ony, or other crime, who shall flee from justice and be 
found in another State, shall, on demand of the execu- 
tive authority of the State from which he fled, be de- 
livered up, to be removed to the State having juris- 
diction of the crime. 



38 CIVIL GOVERNMENT. 

(77) 3. No person held to service or labor in one State 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

(78) Section 3. — 1. New States may be admitted by the 
Congress into this Union ; but no new State shall be 
formed or erected within the jurisdiction of any other 
State, nor any State be formed by the junction of 
two or more States, or parts of States, without the 
consent of the Legislatures of the States concerned, 
as well as of the Congress. 

(79) 2. The Congress shall have power to dispose of 
and make all needful rules and regulations respecting 
the territory, or other property, belonging to the United 
States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States or of any particular State. 

(80) Section 4. — The United States shall guarantee to 
every State in this Union a republican form of govern- 
ment, and shall protect each of them against invasion, 
and, on application of the Legislature or of the Execu- 
tive (when the Legislature cannot be convened), 
against domestic violence. 

(81) Article V. — The Congress, whenever two thirds 
of both Houses shall deem it necessary, shall propose 
amendments to this Constitution, or, on the application 
of the Legislatures of two thirds of the several States, 
shall call a convention for proposing amendments, 
which, in either case, shall be valid to all intents and 
purposes as part of this Constitution, when ratified by 
the Legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, as the 
one or the other mode of ratification may be pro- 
posed by the Congress : provided that no amend- 
ment which may be made prior to the year one 
thousand eight hundred and eight shall in any manner 



CONSTITUTION OF THE UNITED STATES. 39 

affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

(82) Article VI. — i. All debts contracted, and engage- 
ments entered into, before the adoption of this Con- 
stitution, shall be as valid against the United States, 
under this Constitution, as under the Confederation. 

(83) 2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges in even' State shall 
be bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding. 

(8Jf) 3. The senators and representatives before men- 
tioned, and the members of the several State Legisla- 
tures, and all executive and judicial officers both of the 
United States and of the several States, shall be bound 
by oath or affirmation to support this Constitution ; but 
no religious test shall ever be required as a qualification 
to any office or public trust under the United States. 

(85) Article VII. — The ratification of the conventions 
of nine States shall be sufficient for the establishment 
of this Constitution between the States so ratifying 
the same. 

AMENDMENTS TO THE CONSTITUTION. 

The following are the Articles of Amendment which have 
been ratified and adopted since the year 1790. and are to 
all intents and purposes a part of the Constitution of the 
United States. 

(86) Article I. — Congress shall make no law respect- 
ing an establishment of religion, or prohibiting the 
free exercise thereof; or abridging the freedom of 
speech or of the press, or the right of the people peace- 
ably to assemble, and to petition the government for 
a redress of grievances. 

(87) Article II. — A well-regulated militia being neces 



40 CIVIL GOVERNMENT. 

sary to the security of a free State, the right of the 
people to keep and bear arms shall not be infringed. 

(88) Article III. — No soldier shall, in time of peace, 
be quartered in any house without the consent of the 
owner; nor in time of war but in a manner to be pre- 
scribed by law. 

(89) Article IV. — The right of the people to be secure 
in their persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be vio- 
lated ; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the 
persons or things to be seized. 

(90) Article V. — No person shall be held to answer for 
a capital or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or pub- 
lic danger ; nor shall any person be subject, for the 
same offense, to be twice put in jeopardy of life or 
limb ; nor shall he be compelled, in any criminal case, 
to be a witness against himself ; nor be deprived of 
life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use, 
without just compensation. 

(91) Article VI. — In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public 
trial by an impartial jury of the State and district 
wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the 
accusation, to be confronted with the witnesses against 
him, to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of 
counsel for his defense. 

(92) Article VII. — In suits at common law, where the 
value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved ; and no fact, 
tried by a jury, shall be otherwise reexamined in any 
court of the United States than according to the rules 
of the common law. 

(98) Article VIII. — Excessive bail shall not be re- 



CONSTITUTION OF THE UNITED STATES. 41 

quired, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 
(9Jf) Article IX. — The enumeration in the Constitution 
of certain rights shall not be construed to deny or 
disparage others retained by the people. 

(95) Article X. — The powers not delegated to the 
United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respectively, 
or to the people. 

(96) Article XI. — The judicial power of the United 
States shall not be construed to extend to any suit in 
law or equity commenced or prosecuted against one 
of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

[As the subject-matter of the Twelfth Article of Amendment refers 
entirely to the election of the President and Vice-President of the 
United States, it is inserted in Article II. of the Constitution, con- 
stituting paragi'aph (57), and is omitted here.] 

(97) Article XIII. — i. Neither slavery nor involuntary 
servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted, shall exist within 
the United States, or any place subject to their juris- 
diction. 

2. Congress shall have power to enforce this article 
by appropriate legislation. 

(98) Article XIV. — i. All persons born or natural- 
ized in the United States, and subject to the juris- 
diction thereof, are citizens of the United States, 
and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United 
States ; nor shall any State deprive any person of 
life, liberty, or property, without due process of law, 
nor deny to any person within its jurisdiction the 
equal protection of the laws. 

(99) 2. Representatives shall be apportioned among 
the several States according to their respective num- 
bers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of elect- 
ors for President and Vice-President of the United 



42 CIVIL GOVERNMENT. 

States, representatives in Congress, the executive and 
judicial officers of a State, or the members of the 
Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of 
age and citizens of the United States, or in any way 
abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall 
be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

(100) 3. No person shall be a senator or representative 
in Congress, or elector of President and Vice-Presi- 
dent, or hold any office, civil or military, under the 
United States or under any State, who, having pre- 
viously taken an oath as a member of Congress, or 
as an officer of the United States, or as a member of 
any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But Congress may, by 
a vote of two thirds of each House, remove such 
disability. 

(101) 4. The validity of the public debt of the United 
States authorized by law, including debts incurred 
for payment of pensions and bounties for services in 
suppressing insurrection and rebellion, shall not be 
questioned. 

But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, 
or any claim for the loss or emancipation of any 
slave ; but all such debts, obligations, and claims 
shall be held illegal and void. 

5. The Congress shall have power to enforce by 
appropriate legislation the provisions of this article. 

(102) Article XV. — 1. The right of citizens of the 
United States to vote shall not be denied or abridged 
by the United States or by any State, on account of 
race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this 
article by appropriate legislation. 



CONSTITUTION OF THE UNITED STATES. 43 



CHRONOLOGY OF THE AMENDMENTS TO THE CONSTITU- 
TION. 

The first ten Articles of Amendment were proposed by 
Congress in 1789, at their first session; and, having re- 
ceived the ratification of the Legislatures The First Ten 
of three fourths of the several States, they Amendments. 
became a part of the Constitution, Dec. 15, 1791. 

The Eleventh Article was proposed by Congress in 
1794. President Adams declared in his message, Jan. 8, 
1798, that it had received the ratification tiw Eleventh 
of the constitutional number of States, Amendment. 
and was therefore a part of the fundamental law of the 
land. 

The Twelfth Article of Amendment was proposed by 
Congress at their session in 1803, and received the ratifi- 
cation of the requisite number of States 

The Twelfth 

during the following year, and became Amendment. 
part of the Constitution of the United States. 

The Thirteenth Article of Amendment was proposed at 
the second session of the Thirty-eighth Congress, passing 
the Senate in 1864, and the House in 1865. The Thirteenth 
William H. Seward, then secretary of state, Amendment. 
officially announced to the country, Dec. 18, 1865, that it 
had been ratified by three fourths of the States, and was 
therefore a part of the supreme law of the land. 

The Fourteenth Article of Amendment was proposed by 
Congress in 1866. William H. Seward, then secretary of 
state, announced July 28, 1868, that it had The Fourteenth 
been ratified by the Legislatures of the Amendment. 
requisite number of States, and had therefore become a 
part of the Constitution of the United States. 

The Fifteenth Article of Amendment was proposed by 
Congress in 1869. Hamilton Fish, then secretary of 

Short. Civ. Gov.— I 



44 CIVIL GOVERNMENT. 

The Fifteenth state, announced March 30, 1870, that it 
Amendment. j ia( j k een ratified by the requisite number 

of States, and was therefore a part of the Constitution of 

the United States. 

Questions. 

1. In the Preamble, how many reasons are given for the estab- 

lishment of the Constitution ? 

2. In what order are they given ? 

3. Into how many articles is the original Constitution divided ? 

4. How many sections in the first article ? 

5. In the first section how many clauses? 

6. How many in Section 2 ? 

7. How many in each of the other sections of this article respec- 

tively ? 

8. How many sections in Article II.? 

9. How many clauses in Section 1 of this article ? 

10. How many clauses in Section 2 of Article II.? 

11. How many in each of Sections 3 and 4 

12. How many sections in Article III.? 

13. How many clauses in Section 1? 

14. How many in Section 2 ? 

15. How many in Section 3 ? 

16. How many sections in Article IV.? 

17. How many clauses in Section 1 ? 

18. How many in each of the others respectively? 

19. How many sections and clauses in Article V.? 

20. How many clauses in Article VI.? 

21. How many clauses in Article VII.? 

22. How many amendments to the Constitution have been adopted ? 

23. When were the first ten articles declared to be a part of the 

Constitution ? 

24. When was the eleventh? 

25. When the twelfth ? 

26. When the thirteenth? 

27. When the fourteenth? 

28. When the fifteenth ? 

29. Into how many paragraphs are the Constitution and Amend- 

ments divided ? 



BLACKBOARD EXERCISE. 



Branches. 
L Legislative (Law-making). 

LL Executive (Law-enforcing). 

ILL. Judicial (Law-interpreting). 



*«s 



CHAPTER VI. 

LESSON VI. — BRANCHES OF GOVERNMENT. 



The constitution of any country, whether written or 
traditional, is the fundamental law of that country ; that is, 
Constitution the the highest law by which the country pro- 
supreme Law. fesses to be governed. If any law is made 
An violation of that fundamental law, it is of no force 
whatever, and is, to all intents and purposes, null and void. 
The history of different countries shows that Legislatures 
have sometimes attempted to pass such laws, but they have 
been set aside and declared inoperative by the law-inter- 
preting branch of the government. 

All free government is administered through three dis- 
tinctive and separate branches. These are: i. The legis- 
Three Branches of lative, or law-making power ; 2. The exec- 

Govemnient. u tive, or law-enforcing power; 3. The 
judicial, or law-interpreting power. In the United States 
the first is vested in a Congress, which consists of a Senate 
and House of Representatives ; the second, in a President 
of the United States ; and the third, in the Federal Courts 
of Law. 

No free government can exist on earth in which the 
administration of its powers and functions is not distrib- 
uted. If a single individual may assume to make the laws, 
to execute and interpret the same, he becomes a despot, 
and his government a despotism. Such a concentration 



BRANCHES OF GOVERNMENT. 47 

of authority in one man is utterly inconsistent with the 
liberty of his people. 

If this combination of power be centered in any number 
of persons, the character of the government will be the 
same. One or more persons might safely be trusted with 
any one of these high prerogatives ; but the danger con- 
sists in the concentration of all in the same hands. 

All writers on free government agree that the legis- 
lative, the executive, and the judicial powers should be 
kept as separate and distinct as possible. Branches not en _ 
It is hardly possible, however, for human tireiy independ- 
wisdom to devise a plan by which they can 
be kept entirely separate in the administration of govern- 
ment. 

This has been attempted by the wisest and best of 
minds, but has failed. Not one of all the American 
States has succeeded ; though, in some instances, they 
may have done all that finite wisdom could accomplish. 
But in all cases, without a single exception, there has been 
a partial mixture of these powers. 

In several of the States, for instance, the executive is 
elected by the Legislature if no one receives a majority 
vote by the people. In South Carolina, for some time, he 
was elected by the Legislature without any attempt at an 
election by the people. 

In nearly all of the States the judicial officers are im- 
peachable by one or both branches of the Legislature. In 
some of the States the officers of the judiciary are appointed 
by the governor and the Legislature, or one branch of that 
body. 

In some the governor may veto any act passed by the 
Legislature ; after which, in order that the act so vetoed 
may become a law, it must be repassed by a vote of two 
thirds of both Houses. 



48 CIVIL GOVERNMENT. 

In some States the judicial officers are elected by the 
people, but removable on the address of one or both 
branches of the Legislature. In others they are removable 
by one or both branches, on the address of the executive. 
In still others the judicial officers are appointed by one 
or both branches of the Legislature, and removable by one 
branch on impeachment by the other. 

Questions. 

i. What is meant by the constitution of a country? 

2. Of what force is a law that is contrary to the constitution ? 

3. What have Legislatures sometimes done ? 

[ 4. By whom are such laws declared inoperative ? 
1 5. Through how many and what branches are free governments 
administered ? 

6. In whom are these branches respectively vested in the United 

States ? 

7. What is the distribution of governmental powers? 

8. What is said of a despot and despotism ? 

9. In what do all writers on free government agree? 

10. What difficulty is here mentioned ? 

11. What is said of the separation of these powers in the American 

States ? 

12. How are judicial officers impeachable in most of the States ? 

13. How are the officers of the judiciary appointed in some of the 

States ? 

14. How are the judicial officers elected, and how removable in 

some of the States ? 



LESSON VII. — BRANCHES OF GOVERNMENT, 

Continued, 

In fact, there is no such thing as a complete and abso- 
lute separation of the three departments from each other. 
And all that is intended, in speaking of the three branches 
being kept separate and distinct, is that the powers and 



BRANCHES OF GOVERNMENT. 49 

duties properly belonging to any one branch or depart- 
ment shall not be interfered with or administered by either 
of the others ; that neither shall possess a controlling 
influence over the others in the performance of their 
respective duties. 

In order that there may be official independence, it is 
necessary " that the legislative, executive, and judiciary 
powers shall be kept as separate from, and independent 
of, each other, as the nature of a free government will 
admit, or as is consistent with that chain of connection 
that binds the whole fabric of the Constitution in one 
indissoluble bond of unity and amity." 

The Constitution of the United States aims to separate 
the three departments as widely as possible, and to render 
them as independent, the one of the others, as the com- 
plicated nature of the subject will permit. The govern- 
ment of the United States is a representative government ; 
and there is far less danger to liberty arising from the 
partial mixture of these powers in this country than in a 
government of less direct responsibility to the people. 

These three branches of the American government are 
located and exercised in the city of Washington, the cap- 
ital of the nation. The President resides The capital 
there during the term for which he is City ' 

elected. He lives in a mansion known as the White 
House, built and kept constantly furnished at the expense 
of the nation. In this mansion he exercises the duties of 
his office during the period of his administration. 

In another part of the city is an immense building cov- 
ering several acres of ground, called the Capitol of the 
nation, erected at a cost of some twelve millions of dollars. 
In this magnificent edifice are numerous rooms and offices 
for the convenience of the government. But by far the 
largest is that which is known as the House of Representa- 



50 CIVIL GOVERNMENT. 

tives. The assembly of men who occupy this hall during 

the session of Congress are called representatives. They 

are elected by the people of their respec- 

The Capitol. . ; * f. \ r 

tive congressional districts in the several 
States, and are sent here to assist in making the laws of 
the nation. No bill can become a law until it has received 
the approval of a majority of this body of men. By the 
theory of our government, all the people of the several 
States are present in this assembly in the person of their 
respective representatives. When all the representatives 
are present, the number is more than three hundred ; and 
these constitute one division or portion of the lawmaking 
power. 

In another part of this immense edifice is a much smaller 
room, known as the Senate Chamber. This is occupied 
by the senators. Of these there are two from each State, 
whether the State be large or small ; and therefore, when 
the Senate Chamber is full, there are eighty-eight mem- 
bers, as we have at the present time forty-four States in 
the Union. 

The senators are not elected by direct vote of the peo- 
ple, but are chosen by the State Legislatures for the term 
of six years. No bill can become a law unless approved 
by a maiority of the votes of this body as well as the 
House of Representatives. Thus each House is so far a 
check upon the other against hasty legislation as to insure 
full and careful deliberation in the passage of the laws. 

In still another part of the Capitol is the Supreme Court 
Room. In this room the judges of the Supreme Court 
hold one term a year for the correct interpretation and 
application of the laws of the land. If any unconstitu- 
tional law is passed by Congress, and sanctioned by the 
President, this body has the power to declare that law 
utterly void, after which it is a dead letter in the statute 



BRANCHES OF GOVERNMENT. 5 1 

book. Thus each branch of the government exercises a 
salutary restraint on the others, effectually securing the 
safety of human rights. 

Questions. 

15. What is intended by a complete separation of these branches 

or powers ? 

16. What is necessary to official independence? 

17. With respect to this, what is the aim of the Constitution of 

the United States ? 

18. What kind of a government is that of the United States? 

19. Where are the branches of our government located and exer- 

cised ? 

20. What is the name of the house in which the President resides? 

21. What do we find in another part of the city ? 

22. Which is the largest room of the Capitol ? 

23. By whom is this room occupied ? 

24. By whom are they elected, and for what purpose? 

25. What is the theory of our government with respect to these 

persons ? 

26. Where is the Senate Chamber ? 

27. How many senators are there from each State ? 

28. How many in all ? 

29. By whom are these senators elected ? 

30. How is hasty legislation prevented ? 

31. What other room in the Capitol is mentioned ? 

32. By whom, and for what purpose, is this room occupied ? 



CHAPTER VI I. 

LESSON VIII. — PREAMBLE TO THE CONSTITU- 
TION. 



We, the people of the United States, 

i. In order to form a more perfect Union, 

2. Establish justice, 

3. Insure domestic tranquillity, 

4. Provide for the common defense, 

5. Promote the general welfare, and 

6. Secure the blessings of liberty to ourselves and our 
posterity, 

Do ordain and establish this Constitution for the United 
States of America. 

The Preamble is no part of the Constitution, but is a key 

to that document. The Preamble sets forth the purposes 

The Purpose of and objects for which the Constitution 

the constitution,. was formed, and to secure which it was 

offered to the people for their ratification and adoption. 

As stated elsewhere, the union of the States had been 
very imperfectly formed, and even more imperfectly sus- 
tained. It was entirely deficient in every particular men- 
tioned in the Preamble. 

The following were the more prominent defects of the 
Union as it existed at the time this Constitution was 
formed, as given by an eminent jurist of a later day : — 

1 st, There was an utter want of all coercive authority 

52 



PREAMBLE TO THE CONSTITUTION. 53 

in the Continental Congress to carry into effect any of 
their constitutional measures. 

2d, There was no power in the Continental Congress to 
punish individuals for any breach of their enactments. 

3d, They had no power to lay taxes, or The Defects of the 
to collect revenue for the public service. Confederation. 
The power over taxes was expressly and exclusively re- 
served to the States. 

4th, They had no power to regulate commerce, either 
with foreign nations or among the several States. It was 
left, with respect to both, exclusively to the management of 
each particular State. 

5 th, As might be expected, the most opposite regulations 
existed in different States ] and there was a constant resort 
to retaliatory legislation from their jealousies and rivalries 
in commerce, in agriculture, or in manufactures. Foreign 
nations did not fail to avail themselves of all the advan- 
tages accruing from this suicidal policy, tending to the 
common ruin. 

6th, " For want of some singleness of power, — a power 
to act with uniformity, and one to which all interests could 
be reconciled, — foreign commerce was sadly crippled, and 
nearly destroyed." 

7th, The country was deeply in debt, without a dollar to 
pay, or the means even to draw a dollar into the public 
treasury ; and what money there was in the country was 
rapidly making its way abroad. 

8th, Great as these embarrassments were, the States, 
full of jealousy, were tenaciously opposed to making the 
necessary concessions to remedy the great and growing 
evil. All became impressed with the fear that, unless a 
much stronger national government could be instituted, 
all that had been gained by the Revolutionary struggle 
would soon be lost. 



54 CIVIL GOVERNMENT. 

To these defects may be added the following also : — 

i st, The Congress consisted of but one House; and the 
States, large and small, had equal power in that body. 
When a bill had passed that House, it was the law of the 
land. 

2d, There was no executive officer to enforce the laws, 
or whose sanction was required in making the laws. 

3d, There was no national judicial tribunal to give 
construction and interpretation to the laws. 

4th, Congress had no power to enforce obedience to 
treaties, although they could make them, and recommend 
their observance. 

5th, They could borrow money pledging the faith of 
the Union, but had no positive means of raising a single 
dollar. 

6th, They could declare war, but could not coerce into 
the field a single soldier. 

Questions. 

1. What is the Preamble to the Constitution? 

2. What does the Preamble set forth ? 

3. What is said of the formation of the Union ? 

4. What were the more prominent defects of the Union at the 

time of the formation of the Constitution, as given by an 
eminent jurist ? 

5. What other defects are mentioned ? 



LESSON IX. — PREAMBLE, Continued. 

The first object expressed in the Preamble is to form 
a more perfect Union ; that is, a more perfect Union than 
a more Perfect had existed under the Confederation. The 
zrnion. government under the former system had 
been found wholly defective. The Union was so imper- 
fect as to be almost unworthy of the name. 



PREAMBLE TO THE CONSTITUTION. IJJ 

As already stated, under the Confederation there was 
no national judiciary, or system of national courts. The 
only means of legal redress was through T o establish 
the State courts ; and the decisions of the Justice. 
courts of one State were often in direct conflict with the 
decisions of courts of neighboring States. The neces- 
sity of a court of higher authority, whose decisions should 
command the respect of the nation at large, was every- 
where felt and acknowledged. The State Legislatures 
were often led to pass laws favoring their own immediate 
and respective localities, and their State courts were too 
ready to give them their sanction. 

The third object, as explained in the Preamble, was to 
insure domestic tranquillity. This means peace among the 
States. For several years some of the Domestic 
States had been involved in controversies Tra?iquiiiity. 
with each other; and in a few instances these domestic 
dissensions led to bloodshed, and threatened the most 
alarming consequences. Troops were called out by one 
State to meet the hostile forces of another in battle array ; 
and even the General Government seemed too weak for 
the emergency. Disputes of this character, by the Arti- 
cles of Confederation, were to be left to Congress ; but 
this body was not always in session, and, when it was, it 
did not possess the requisite power, and was slow to ex- 
ercise what it had. 

The want of some common tribunal that could act with 
promptness and commanding authority was everywhere 
admitted. A liberty that was not clothed with authority 
to command peace at home was clearly more of a curse 
than a blessing. One of the purposes, therefore, of the 
Constitution was the creation of ample power to insure 
domestic tranquillity. 

The common defense was not properly provided for 



56 CIVIL GOVERNMENT. 

under the Confederation. A people not prepared for war, 
and known not to be, will constantly be liable to aggres- 
sions from neighboring nations. On the contrary, a na- 
tion known to be prepared will be quite unlikely to be 
attacked. A weak nation is never formidable, and will 
never command the respect of its neighbors. 

Congress, under the Confederation, as we have seen, 
could recommend, but could not enforce, measures for the 
Common common defense. They could not even 
Defense. declare war, nor exercise any of the war 
powers, without the concurrence of nine of the thirteen 
States ; nor even when they had declared war under these 
restrictions, should they do so, could they force into service 
a single soldier. Sound statesmanship demanded, there- 
fore, that something should be done to provide more 
effectually for the common defense. By reference to the 
war power in the Constitution, it will be seen that this pre 
vision has been made. 

To promote the general welfare is another object speci- 
fied in the Preamble. This duty properly devolves on 
every national sovereignty. It is, indeed, 

General Welfare. ' J . r 

or should be, the primary purpose of every 
government. The individual States of America had not 
the means, nor have they now, to secure this desirable 
object. It requires larger resources than belong to a single 
State. 

From the poverty of language it would be impossible to 
specify, within any convenient limits, all the powers which 
a government like that of the United States might at 
some time find it necessary to exercise, and under some 
possible emergencies. 

And although fears may be indulged in some quarters, 
that, under a clause of such broad signification, some of 
the departments, especially the legislative, and perhaps 



PREAMBLE TO THE CONSTITUTION. 57 

the executive, may overreach and go beyond their pre- 
rogatives, yet the ballot is the remedy in the one case, and 
impeachment in the other. 

"To secure the blessings of liberty to ourselves and our 
posterity," is the closing language of the Preamble. It is 
an appropriate climax. It briefly ex- 
presses the whole purpose of human gov- xdbertt^ 
ernment. 

" Give me liberty, or give me death ! " exclaimed the 
immortal orator of the Revolution. Without political and 
religious liberty, life itself would become valueless, and 
existence a burden : with it, we may have all that is val- 
uable in earthly institutions ; for, if a nation enjoys 
liberty, its citizens have the means of enjoying every other 
earthly blessing. 

But the patriotic authors of the Constitution were not 
content with this sacred boon for themselves merely : they 
were earnest to perpetuate this inestimable blessing to the 
remotest posterity. 

Questions. 

6. What is the first object expressed in the Preamble? 

7. What were the only means of legal redress ? 

8. What is said of the necessity of a higher court ? 

9. What were the State Legislatures often led to do ? 

10. What is the third object expressed in the Preamble? 

11. What had been the condition of the States for several years? 

12. To whom were disputes of this character to be referred ? 

13. What is said of the ability of Congress to settle them ? 

14. What want was felt on that account? 

15. What is the fourth object mentioned in the Preamble? 

16. What is said of the necessity of being prepared for war? 

17. What is said of the weakness of Congress under the Confed- 

eration ? 

18. What is the fifth object mentioned in the Preamble? 

19. What should be the primary purpose of every government "> 

20. What is said of the inability of States to do this ? 

21. What is the closing language of the Preamble? 



BLACKBOARD EXERCISE. 



Legislative. 



I. House of Representatives. 
II. Senate. 



CHAPTER VIII. 

LESSON X.— CONGRESS. 



The Congress of the United States is the lawmaking 
branch of our government. All the lawmaking powers 
are vested in it, and it consists of a Senate and a House of 
Representatives. 

In saying that this is the lawmaking branch, the state- 
ment must be taken with this qualification : that if the 
President of the United States shall officially object to 
any bill passed by the two Houses, the same must be re- 
passed by a vote of two thirds of each branch of that 
body, or it fails to become a law. 

In the Congress are vested all, or nearly all, the powers 
lowers of and attributes of national sovereignty, — 
congress. suc \ l as belong to all independent nations. 

Among these powers are : i. To lay and collect taxes, 
duties, imposts, and excises; 2. To borrow money; 3. 

58 



CONGRESS. 59 

To regulate commerce ; 4. To coin money ; 5. To consti- 
tute judicial tribunals; 6. To declare war; 7. To grant 
letters of marque and reprisal ; 8. To raise and support 
armies; 9. To provide and maintain a navy; 10. To pro- 
vide for the calling-forth of military forces ; 11. To admit 
new States into the Union. 

All these powers, and many more, as will be seen in 
treating of the powers of Congress hereafter, are vested 
by the Constitution in this branch of the Federal Govern- 
ment. They must assemble at least once every year, 
which meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Either or both Houses, on extraordinary occasions, may 
be required to convene in extra session, on the call of the 
President of the United States. 

The House of Representatives is, in a special sense, that 
division of the legislative body which represents the people 
of the several States. The members are The Mouse of 
elected by the votes of the qualified voters Representatives. 
of the several State congressional districts. As will be seen 
hereafter, they are a much more numerous body than the 
Senate. In many respects they may be compared to the 
House of Commons in England. The term of its exist- 
ence, by constitutional limitation, can never extend beyond 
the period of two years. 

We have a new House of Representatives every alter- 
nate year, always commencing with the years of odd 
numbers ; and Congress is numbered by the number of 
times we have had a new House of Representatives. 
Thus we speak of the Fiftieth, Fifty-first, Fifty-second, and 
Fifty-third Congresses, and the numbers of these Con- 
gresses correspond to the number of times respectively that 
the House has been organized. 

The Senate is a perpetual body, consisting of two mem- 

Short. Civ. Gov.— 5 



60 CIVIL GOVERNMENT. 

bers from each State, chosen by the Legislature thereof 

for the term of six years. The Constitution requires 

higher qualifications for membership here 

The Senate. ° , r 

than m the other House. The reasons for 
this will appear hereafter when we reach the analysis of 
the Senate. 

The Senators represent the States as States in their sov- 
ereign or political capacity. On the floor of the Senate 
the States, large and small, are equal in political power 
and influence. 

Questions. 

i. What is the Congress of the United States ? 

2. Of what does it consist? 

3. What if the President of the United States objects to a bill ? 

4. What powers are vested in Congress ? 

5. Will you state some of these powers ? 

6. How often and when shall Congress assemble ? 

7. What is said of an extra session of Congress? 

8. What is the special character of the House of Representatives ? 

9. How are members elected? 

10. To what may they be compared ? 

11. How long is a Representative term ? 

12. How often do we have a new House ? 

13. How are Congresses numbered ? 

14. What is the Senate ? 

15. What do the senators represent? 

16. What is the relative power of the States in the Senate ~t 



BLACKBOARD EXERCISE. 



House of Representatives. 

I. How composed (3) 

II. Eligibility: 

i. Age (4) 

2. Citizenship ...... (Jf) 

3. Inhabitancy . . . . . * (4) 

III. Number of Members ..... (<5) 

IV. Zfoze/ apportioned (99) 

V. Enumeration. 

1. When made ...... (5) 

2. ^7Z£/ /Wtftfk ...... (5) 

VI. By whom elected ...... (3) 

VII. Qualification of Voters (3) 

VIII. When elected (3) (16) 

IX. How Vacancies are filled (6) 

X. House Powers. 

1. Legislative. 

(a) Concurrent (#) 

(b) Exclusive (23) 

2. Inquisitorial . . . . . . (7) 

3. Elective. 

(a) House Officers . . . . (7) 

(b) President of 17. S. . . . (57) 



61 



CHAPTER IX. 

LESSON XL — HOUSE OF REPRESENTATIVES. 



The House of Representatives is one branch of the 
American Congress, and it assembles at Washington at 
least once a year to take part in making laws to govern the 
nation. This body alone cannot make the laws, but is 
coordinate with the Senate in lawmaking. 

The House of Representatives is composed of members 

elected by the people of the several States. These members 

i. How are called representatives because they are 

composed (3). supposed to represent the views and wishes 
of the people who elect them. They act and speak and 
vote as the agent of the people, who are called their con- 
stituency. 

The people cannot all assemble in one body or conven- 
tion to make the laws, and therefore they send their agents 
or representatives to do this business for them. It would 
be impossible for millions of people to assemble in one con- 
vention, and make the laws by which they would promise to 
be governed. 

Eligibility, as here used, signifies the right to hold and 
enjoy an office or position, if properly 

II. Eligibility. . , . . , rr. V i- • 

elected or appointed thereto. 1 o be eligi- 
ble to an office, one must possess the proper legal qualifi- 
cations for it. 

62 



HOUSE OF REPRESENTATIVES. 63 

The conditions of eligibility to the House of Represen- 
tatives are three : 1. Age; 2. Citizenship; 3. Inhabitancy. 

1. Age is the first condition of eligibility to membership 
of the House of Representatives required 

1. A~qe (4). 

by the Constitution. The representative 

must have attained to the age of twenty-five years. 

Before the age required by the Constitution, few men 
have had sufficient experience and preparation to qualify 
them for so important a public trust. 

2. Another condition of eligibility is that #. citizen- 
the member must have been a citizen of ship {4). 
the United States at least seven years. 

The following quotation from the Fourteenth Article of 
Amendment to the Constitution defines the meaning of the 
word " citizen " thus : — 

" All persons born or naturalized in the United States, 
and subject, to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside." 

We learn by this extract that a person may be a citizen 
of the United States either by birth or by naturalization. 

Naturalization is that process by which an alien or for- 
eigner becomes a citizen of the United States. Before the 
adoption of the Constitution, this whole subject was under 
the control of the several States, some requiring a longer, 
and others a shorter, period of time for its completion ; but 
under the present Constitution, Congress has exclusive con- 
trol of the matter, and now, by the laws of that body, it 
requires five years. These, added to the seven years of 
citizenship required by the Constitution, make it necessary 
that a person of foreign birth shall have actually resided in 
this country at least twelve years before he can take a seat as 
a member of the House of Representatives if elected thereto. 

This is a period sufficiently long, perhaps, to enable a 
person of foreign birth to make himself acquainted with our 



64 CIVIL GOVERNMENT. 

institutions and form of government, and to demonstrate 
his attachment to our country. 

3. The third condition of eligibility is that the member 
must be an inhabitant of that State in which he shall 
3. inhabit- be chosen. States having more than one 
ancy (4). member are divided into congressional dis- 
tricts. A person may reside in one district and yet be 
elected by and for another district of the same State ; but 
this is not usual, though it has been done in some instances. 
If a person has been elected a member in one congressional 
district, and removes to another, or even to another State, 
this removal does not deprive him, during the term for 
which he was elected, of his seat in the House. 

Questions. 

1. What is the House of Representatives ? 

2. How does this branch stand related to the SJenate in law- 

making ? 

3. How is the House composed? 

4. Why are the members called representatives? 

5. Why do the people send representatives to the House? 

6. What does eligibility here signify ? 

7. What are the conditions of eligibility to the House? 

8. What does the word " citizen " mean ? 

9. How many ways of becoming a citizen of the United States ? 

10. What is naturalization ? 

11. In whose hands was this subject before the adoption of the 

Constitution ? 

12. Under whose control is this matter now ? 

13. How long time does it require for a person of foreign birth to 

become eligible to the House? 

14. What is the third condition of eligibility? 

15. How are the States divided ? 



HOUSE OF REPRESENTATIVES. 65 



LESSON XII. — HOUSE OF REPRESENTATIVES, 

Continued. 

On this subject the Constitution says, " The number of 
representatives shall not exceed one for IIZ Xutnber of 
every thirty thousand ; but each State shall Members (5). 
have at least one representative." 

When the Constitution was formed in 1787, the popula- 
tion of the States was not known, with anything like exact- 
ness, to the convention that framed that document. It was 
provided, however, by the Constitution, that the population 
should be ascertained within a few years by actual count 
or enumeration. 

The number of representatives in the first Constitu- 
tional Congress was sixty-five. This number, it was pre- 
sumed, gave one member to about thirty thousand inhabit- 
ants. 

As the population of the United States should increase, 
of course the number of members in proportion to the 
inhabitants represented must be diminished. If not, the 
number of members in the House of Representatives 
would become too great, in the course of a few years, for 
the convenient transaction of business. Hence once in 
ten years Congress fixes by law the proportion of repre- 
sentation to population. The necessity for this is mani- 
fest. For instance, the population of the United States 
one hundred years after the adoption of the Constitution 
was over sixty millions. With one representative for every 
thirty thousand, the House would then have consisted of 
two thousand members, — a number far beyond that of 
any legislative body in the world. 

The number of members is fixed by a law of Congress 
once in ten years, and their appointment is based on the 



66 CIVIL GOVERNMENT. 

last census. The number fixed, in accordance with the 
Eleventh Census, was 35^, being 1 for each 173,901 persons. 
Using this number as a divisor, and dividing the popula- 
tion of each of the States by it, the quotient will be its 
number of members by ratio ; but in each instance there 
will be a remainder, larger or smaller. To those States 
having the larger remainders additional members are al- 
lowed, so as to make the total of all the States 356. Each 
State is divided into congressional districts by its Legisla- 
ture ; but, in case the number of representatives of a State 
is increased and the Legislature fails to redistrict the State 
before an election occurs, the additional member is elected 
at large on the general State ticket. In case the number 
is diminished and the State is not redistricted, the entire 
number of representatives is elected at large. 

Delaware, Idaho, Montana, Nevada, and Wyoming have 
each a population less than 173,901 ; but they have each 
one member under the constitutional provision that <fc each 
State shall have at least one representative." 

The number of members will be augmented, of course, 
when new States are admitted into the Union. 

Each organized Territory is allowed one delegate, who 
may speak, but not vote, on any question. 

Questions, 

16. What does the Constitution say on this subject? 

17. What was known about the population of the States when the 

Constitution was formed? 

18. What was provided by the Constitution in reference to this ? 

19. How many members were in the first Constitutional Congress? 

20. As the population of the United States should increase, what 

must be done ? 

21. Why must this be* done? 

32. By whom and how often is the number of members fixed ? 



HOUSE OF REPRESENTATIVES. 67 

23. What is the present number? How apportioned and allotted 

among the States ? 

24. What members are called members at large? 

25. How are members at large elected? 

26. What if new States are admitted into the Union ? 

27. What is said of organized Territories? 



LESSON XIII. — HOUSE OF REPRESENTATIVES, 

Continued. 

When the Constitution was adopted, slavery existed in 
every State excepting Massachusetts. As a matter of com- 
promise between the North and South, and IVt How appor „ 
after long and earnest debate in the con- Honed (99). 
vention that framed that document, the following clause 
was accepted as the rule for determining the representative 
population : — 

" Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 
shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three fifths of all 
other persons. " 

The last clause of this period, " three fifths of all other 
persons," refers to slaves. Three fifths of these were to 
be counted as representative population. 

It will be observed that the Constitution nowhere men- 
tions the word " slave" or "slavery." Whenever it is 
necessary to allude to that class of persons, a definition is 
adopted instead of the word itself. This was deliberately 
intended by the authors of that instrument, feeling that it 
would be a stain upon their work. The word " slavery " 
occurs in the Thirteenth Article of Amendment, and 



6% CIVIL GOVERNMENT. 

there only for the purpose of abolishing that institution 
throughout the United States, and in all places subject to 
their jurisdiction. This amendment was proclaimed by the 
secretary of state, Dec. 18, 1865, to be a part of the supreme 
law of the land. From that day, therefore, slavery ceased 
to exist throughout the United States and their Terri- 
tories. 

By a part of the second clause of the Fourteenth Article 
of Amendment, which was subsequently adopted July 28, 
1868, the count of representative population was essen- 
tially modified. From the time of the adoption of that 
article, representatives are to be apportioned among the 
several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. 

By a subsequent provision of the same clause, if any 
State shall disfranchise the male negro population, being 
twenty-one years of age and citizens of the United States, 
and prohibit their voting at the usual elections, the basis of 
representation is to be reduced in the proportion which 
the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such 
State. 

By the Fifteenth Article of Amendment, subsequently 
adopted March 30, 1870, the States are forbidden to deny 
or abridge the right of citizens of the United States to 
vote on account of race, color, or previous condition of 
servitude. 

Thus it will be seen that the entire population, and the 
representative population, excluding Indians not taxed, 
are identical. 



HOUSE OF REPRESENTATIVES. 69 



Questions. 

28. How many States held slaves at the adoption of the Constitu- 

tion? 

29. How were representatives then apportioned? 

30. To whom does " three fifths of all other persons " refer? 

31. Where and for what purpose does the word " slavery" occur 

in the Constitution ? 

32. When was slavery abolished in this country ? 

33. How are representatives now to be apportioned? 

34. For what cause is the basis of representation to be reduced ? 

35. What is the substance of the Fifteenth Article of Amendment ? 



LESSON XIV. — HOUSE OF REPRESENTATIVES, 

Continued. 

It will be remembered that the Constitution was formed 
in 1787. In reference to the enumeration, it says that the 
actual enumeration shall be made within 

V. Enumeration. 

three years after the first meeting of the 
Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by 
law direct. 

The enumeration is what is generally known as the 
census. The primary and leading object for which the 
census is taken is to equalize representation in the House 
of Representatives in proportion to the population of the 
several States. Indeed, this is the only means by which 
equality by representation can be secured. 

The Constitution requires that the census shall be taken 
once in ten years. By act of Congress it was taken the 
first time in 1700 ; and it has been taken 

1. When made (5). 

decennially ever since, during the first 

year of every regular decade: thus, 1800, 1810, 1820, etc. 

It has therefore already been taken eleven times. 



70 CIVIL GOVERNMENT. 

The manner of taking the census is under the control of 

Congress, to be fixed from time to time by law. Since the 

organization of the Department of the 

2. How made (5). & r 

Interior (1849), that department has had 
general supervision of the matter. The Eleventh Census 
was by law placed under the immediate direction of the 
superintendent of the census, who was made the head of 
the Census Office. Supervisors had charge of limited dis- 
tricts, one or more in each State, under whose direction 
the enumerators canvassed their respective subdistricts 
during the month of June, 1890. 

The duties of these enumerators consisted in visiting 
personally every dwelling-house and family within the 
limits of their respective jurisdictions, and propounding 
to some member of the family, of suitable age and intelli- 
gence, such questions as are required by act of Congress. 

These questions relate not only to the number of inhab- 
itants, but to their ages, sex, color, ability to read and 
write, facts relating to agriculture, manufactures, commerce, 
resources of the country, its productions, and, in fact, 
everything that may be necessary to give a general view 
of the condition of the United States. 

Nor is it left to the discretion of persons questioned 
whether they will answer these interrogatories. They are 
compelled to answer, under a penalty of thirty dollars for 
each refusal ; and the person so refusing can be imprisoned 
until the penalty is paid, and a new refusal can be followed 
by a new penalty and imprisonment. 

Representatives are elected by the people of the several 
States. This is required by the express language of the 

vi. By whom Constitution. The word "people/' how- 
eiected{3). ever, does not include all persons, men, 
women, and children, but includes those persons only who 
are qualified voters. 



HOUSE OF REPRESENTATIVES. 7 1 

This provision of the Constitution met with very strong 
opposition in the convention that framed that document. 
Some of the ablest men of that body contended that it 
was unsafe to allow the people to elect, by direct vote, 
their own representatives to Congress. This class of 
members earnestly contended that it would be an excess 
of democracy most dangerous in the hands of the people ; 
that they were not qualified to exercise this prerogative. 
By the members holding this view it was proposed that 
these elections should be referred to the several State 
Legislatures. But at length the provision passed by a 
very close vote. Had the proposition prevailed to elect 
representatives by State Legislatures, it is highly probable 
that the Constitution would have been rejected by the 
people. 

Questions. 

36. When was the Constitution formed ? 

37. What does it say of enumeration ? 

38. What is the leading object for which the census is taken ? 

39. How often must the census be taken ? 

40. When was the first census taken ? 

41. How many times has it been taken ? 

42. Who has the control of this matter? 

43. What department has the supervision of this matter? 

44. Where has that department placed the execution of it? 

45. How do the marshals divide their districts ? 

46. How do the census-takers do this business? 

47. What penalty attaches to a refusal to answer the officer's ques- 

tions ? 

48. By whom are representatives elected ? 

49. Who are these people? 

50. What is the substance of the discussion in the convention on 

this subject? 



72 CIVIL GOVERNMENT. 



LESSON XV. —HOUSE OF REPRESENTATIVES, 

Continued. 

The word " electors " here means voters. The Con- 
stitution requires that the electors, or voters for members 
vn Qualified- °f tne House of Representatives, shall have 

tions of Elect- the qualifications requisite for the voters, 
ors (3). or e i ec j- ors f the most numerous branch of 

the State Legislature. 

A State Legislature, like the Federal Congress, consists 
of two Houses, one of which is called the Senate, and the 
other of which is known as the Assembly, House of Dele- 
gates, or House of Representatives, — in one State by one 
name, in another by another. The Senate is the least 
numerous branch, and is frequently called the upper 
House ; the other branch is the most numerous, and is 
often called the lower House. 

In some States higher qualifications are required to vote 
for members of the upper than of the lower House; but, by 
the provision of the Constitution just referred to, no State 
has the right to require any higher qualification of an 
elector to vote for a member of the House of Representa- 
tives than it requires to vote for a member of its own lower 
House. 

For instance : the Senate of the State of New York 
consists of thirty-two members; the Assembly, of one 
hundred and twenty-eight, the Assembly being the most 
numerous branch of the State Legislature. Now, if the 
State of New York were to require a property qualification 
to vote for a State senator, and no such qualification to 
vote for a member of the other House, that State could 
not require a property qualification to vote for a member 
of the National House of Representatives. Whoever may 



HOUSE OF REPRESENTATIVES. 73 

vote for a member of Assembly in New York may enjoy 
the right to vote for a representative in Congress. Each 
State, therefore, determines this whole question for itself. 
Were women allowed to vote for members of the Assembly 
in the State of New York, they must also be allowed to 
vote for members of the lower House of Congress. 

Members of the House of Representatives are elected in 
the several States by congressional districts. When it has 
been ascertained how many members each State is entitled 
to, the Legislatures of the several States divide them 
respectively into as many congressional districts as they 
are each entitled to members. These congressional dis- 
tricts are numbered, for convenience, 1st, 2d, 3d, etc., and 
are known by their numbers. 

The electors of each district vote for but one candidate, 
though that candidate need not necessarily be a resident 
of the voter's district. He must, however, as we have seen, 
be an inhabitant of the State in which he shall be chosen. 

The Constitution says that representatives shall be chosen 
every second year; that is, once in two tiii. when eiect- 
years. The representative term commences ed ( 3 ) ( 15 )- 
the fourth day of March next after the election of the mem- 
bers, and continues for two years. 

For many years the day of election of representatives 
was not the same in the several States, — the time was 
regulated by each State Legislature for its own jurisdic- 
tion, — but by paragraph (15) of the Constitution the time 
of holding elections for representatives may be determined 
by Congress. 

Under this authority a law was passed Feb. 2, 1872, 
fixing the time for election of representatives; and by this 
law the time is the same throughout the United States, 
except in a few States where another day is fixed by the 
State constitutions. 



74 CIVIL GOVERNMENT. 

In all other States and Territories the election must be 
held on the first Tuesday after the first Monday in Novem- 
ber, the year of the election. 

The Constitution says, " When vacancies happen in the 
ix. Sow Vacan- representation from any State, the execu- 
cies are filled (6). tive aut h or i ty thereof shall issue writs of 
election to fill such vacancies." 

The writ of election is directed to the proper officer of 
the congressional district in which the vacancy occurs. 
The writ commands that the election shall be held at a 
time therein named, and it is the duty of the officer to 
whom it is directed to give notice thereof. The election 
held in pursuance of such writ is called a special election. 

The representative elected to fill a vacancy serves only 
the unexpired portion of the term for which his predecessor 
was elected. Vacancies can only happen by death, resigna- 
tion, or expulsion of the incumbent from his seat in the House. 

Questions. 

51. What does the word " electors " mean ? 

52. What must be the qualifications of voters? 

53. Of what do State Legislatures consist? 

54. Which is the most numerous branch? 

55. What qualifications has a State a right to require of voters for 

a representative in Congress? 

56. Give the substance of the illustration. 

57. What is said about congressional districts? 

58. How often are members chosen ? 

59. When does a representative term begin, and how long continue ? 

60. By whom has the time for electing representatives .been deter- 

mined heretofore ? 

61. By whom is it now determined ? 

62. Hereafter on what day is the election to take place? 

63. Where is the election to be held on that day ? 

64. How are vacancies filled ? 

65. What is said about this writ of election? 

66. How may vacancies occur? 



HOUSE OF REPRESENTATIVES. 75 



LESSON XVI. — HOUSE OF REPRESENTATIVES, 

Continued. 

The House is coordinate with the Senate in general 
legislation. There are special powers peculiar to each 
House, and these are so clearly defined in v ^ „ 

1 J X. Souse JPotcers. 

the Constitution as to take away all ambi- l. Legislative. 
guity. There can be no mistaking the pow- (a) Conc ^' ent &- 
ers of one House for those of the other. But in the general 
ordinary business of lawmaking the Houses are coordinate 
in legislative power. 

The Constitution says, "All bills for raising reve- 
nue shall originate in the House of Repre- 

te r (b) Exclusive {23). 

sentatives." 

It will be seen, therefore, that the power for originating 
bills which may result in a tax upon the people belongs 
exclusively to the House. 

This body, as has been stated, is constituted of the more 
immediate representatives of the people ; and as the people 
are to pay the taxes, if any are imposed, it would seem fit 
and proper that their representatives should be the prime 
movers in any measures that require money to prosecute 
them. 

The House of Representatives has the sole power of 
finding, or preferring articles of impeachment. An im- 
peachment is a solemn and specific accusa- # # inquisito- 
tion brought against a public officer, drawn rial W- 

out in due form, charging him with treason, bribery, or 
other crimes and misdemeanors. 

It is in the nature of an indictment, being only prima 
facie evidence of guilt; sufficient, however, to put the 
accused on trial at the bar of the Senate. Although it 
requires a majority of two thirds of the Senate to convict 

Short. Civ. Gov.— 6 • 



76 CIVIL GOVERNMENT. 

the accused, it requires only a numerical majority to prefer 
the impeachment by the House. 

It would be in the highest degree improper for the ac- 
cusing party to try and pronounce upon the guilt of the 
accused. When originating charges of impeachment, the 
House acts as the grand inquest of the nation. The Senate 
alone decides on the innocence or guilt of the accused. 

In England the power of impeachment is vested in the 
House of Commons, the people's branch of the legislative 
department ; and the trial of impeachment belongs to the 
House of Lords, to which our Senate is somewhat analo- 
gous (see Townsend's Analysis of Civil Government). 

The Constitution says that the House shall choose their 
speaker and other officers. The speaker is the presiding 

3. mective. °ffi cer °f tne House. He is chosen from 

(«) Souse ofii- among the members themselves being 
himself a representative. It is his duty to 
preside over the deliberations of the House, to keep order, 
and to appoint standing committees. The other officers 
are a clerk, sergeant-at-arms, postmaster, and doorkeeper. 
These officers are not members of the House. 

Among the peculiar and exclusive powers of the House 
(6) President of the of Representatives is that of choosing a 
united states {57). President of the United States in a cer- 
tain contingency. 

When the electors of President and Vice-President fail to 
elect a President by a majority of all the electors appointed 
by the people for that purpose, the election of the President 
devolves on the House. This has occurred twice since the 
adoption of the Constitution. 

The first instance of an election by the House occurred 
in 1801. The two opposing candidates were Thomas Jef- 
ferson of Virginia, and Aaron Burr of New York. Mr. 
Jefferson was elected on the thirty-sixth ballot. 



HOUSE OF REPRESENTATIVES. 77 

The second instance of the kind occurred in 1825. At 
that time there were three candidates for the office, whose 
names were before the House. These were John Quincy 
Adams of Massachusetts, Andrew Jackson of Tennessee, 
and William H. Crawford of Georgia. Mr. Adams re- 
ceived a majority of the votes on the first ballot, and was 
declared elected. He was the sixth President of the United 
States. 

Questions. 

67. How are House powers divided and subdivided? 

68. What is said about the special powers of the two Houses ? 
69." What bills must originate in the House ? 

70. What is an impeachment?. 

71. What is said about impeachments in England ? 

72. What are the position and duties of the speaker? 

73. What are the other officers of the House? 

74. In what case does the House elect a President of the United 

States ? 

75. How many times, and when, has this occurred in our history? 



BLACKBOARD EXERCISE. 



Senate, 



IV. 

V. 

VI. 



VII. 



I. How composed 
II. Eligibility. 

i. Age . . . 

2. Citizenship 

3. Inhabitancy . 
III. Senatorial Term 

By whom chosen . 
ff%^ chosen 
How classed. 

1. Expires Second Year 

2. Expires Fourth Year 

3. Expires Sixth Year 
How Vacancies are filled. 

1. Legislature 

2. aSV^ Executive 
VIII. Fta? 

IX. Presiding Officer. 

1. Vice-President U. S. 

2. President pro tempore 

3. Chief Justice 
X. Senate Powers. 

1. Legislative. 

2. Executive. 

(a) Appointments 

(b) Treaties 

3. Elective. 

(a) Senate Officers 

(b) Vice-President U. 

4. Judicial 

\8 



(*>) 

(iO) 
(JO) 

W 

w 

(0) 

(9) 
(9) 

(9) 
(9) 
(*) 

(tf) 

(J2) 

(IS) 
(*) 

(ft*) 
(ft*) 

(12) 

(57) 

(i5) 



CHAPTER X. 

LESSON XVII. — SENATE. 



The Senate of the United States is composed of two 
senators from each State. While in the House each State 
is represented in proportion to the popula- x. Sow 
tion thereof, and consequently enjoys politi- composed (8). 
cal power in that proportion, no such distinction exists in 
the Senate: here the States, large and small, are equal. 
This is an unalterable provision of the Constitution, as will 
be seen by the closing language of Article V. of that docu- 
ment, which says, " No State, without its consent, shall be 
deprived of its equal suffrage in the Senate." 

The composition of the Senate is the result of compro- 
mise between the larger and smaller States represented in 
the Constitutional Convention. Under the Confederation, 
it will be remembered, the representative power in Con- 
gress was the same in all the States ; and that body con- 
sisted of but one House. The small State of Rhode Island 
had one vote, and the great State of Virginia had no more. 
The small States were tenacious of this power, and were 
reluctant to allow any encroachment on their sovereignty. 

The large States yielded one point in the compromise, 
and the small States another. The lar^e States consented 
to equality in the Senate; and the small States, to repre- 
sentation in the House in proportion to population. And 
as every bill, before it can become a law, must pass both 



80 CIVIL GOVERNMENT. 

Houses of Congress, the rights of the smaller States are 
not likely to be compromised in the legislative depart- 
ments. 

The age of a senator must be at least thirty years. By 
reference to the age required for membership in the other 
n. Eligibility. House, it will be seen that there is a differ- 
l. Age (10). ence of five years, a man being eligible to 
a seat in that House at twenty-five years. It is considered, 
that, at least in some respects, the duties of a senator are 
more responsible than the duties of a member of the House 
of Representatives. 

This may be inferred from the following : — 

ist, There can be but two senators from one State, while 
the number of representatives will depend on the popula- 
tion. The State of New York, for instance, can have but 
two senators, but, by the apportionment based on the census 
of 1890, has thirty-four members of the other House. 

2d, The responsible duty of trying all impeachments 
devolves on the Senate ; and from their decision there is 
no appeal. 

3d, On the Senate rests the grave responsibility of de- 
ciding on the fitness of executive nominations to office. 

4th, In the Senate is vested, jointly with the executive, 
the prerogative of treaty-making. 

Any person born or naturalized in the United States, 
and subject to the jurisdiction thereof, is a citizen. The 
2. citizenship period of citizenship here required, before 
( 10> >- a person can be eligible to a seat in the 

Senate, is nine years. This refers to persons of foreign 
birth, who must go through the process of naturalization in 
order to become citizens. 

The laws of Congress require five years' residence 
before an alien can become naturalized, and the Constitu- 
tion nine years' citizenship before he can hold the office 



SENATE. 8 1 

of United States senator ; making fourteen years' resi- 
dence necessary before he is eligible to a seat in that 
body. 

A senator of the United States must be an inhabitant of 
that State for which he is chosen. 3t inhabitancy 

But let it be observed, that necessity of ( 10 >- 

inhabitancy is limited to the time whe?i chosen. A senator 
chosen for New York, for instance, does not vacate his seat 
in the Senate by changing his residence to any other State 
during the term for which he was elected. It might be in 
the highest degree proper that he should resign, but that 
is a matter within his own discretion. 

Questions. 

i. How is the Senate of the United States composed, and how- 
does it differ in composition from the House of Representa- 
tives ? 

2. What is the provision of the Constitution with reference to 

this? 

3. Of what is the composition of the Senate of the United States 

the result? 

4. What is said of the power of Congress under the Confedera- 

tion ? 

5. What are the conditions of eligibility to the Senate of the 

United States ? 

6. In what respects are the duties of a senator more responsible 

than those of a member of the other House? 

7. Who are citizens of the United States, and what are the citizen- 

ship conditions of eligibility to the United States Senate? 

8. What time is required for naturalization? 

9. What is said of the necessity of continuous inhabitancy to ren- 

der one eligible as presiding officer of the Senate? 



82 CIVIL GOVERNMENT. 



LESSON XVIII. — SENATE, Continued. 

The full senatorial term is six years, — a period three 

times as long as a term in the other House. The senato- 

iii. senatorial rial term was a subject of earnest debate 

Term {8). \ n ^ e convention, and on which, at first, 

there was great difference of opinion. 

The terms of three, four, five, six, seven, and nine years 
were severally proposed, and each had its advocates. 
Several members were in favor of extending the term for 
life, or during good behavior. 

All were in favor of a term sufficiently long to insure to 
the office dignity, stability, and independence. Six years 
was probably not the choice of half the members of the 
convention, but that term was adopted as a compromise 
of the extremes. 

It was the intention of the authors of the Constitution 
that the Senate should be a far more grave, dignified, and 
aristocratic body than the House. 

The senators are chosen by the Legislatures of their 
respective States. They represent their States in their 
ir. By whom political capacity, and are not regarded as 
chosen (8). representatives of the people. In the other 
House, a member, as we have seen, represents the people 
of his congressional district. The senator represents the 
whole State, by which he is chosen through its Legislature. 
Therefore State Legislatures claim the right to instruct 
their senators in regard to the course which they wish them 
to take on great national questions, even to the extent of 
dictating how they shall vote on such questions. 

As the Legislature appoints the senator, they consider 
him as their immediate agent, or servant, and properly 
subject to their dictation and authority. 



SENATE. 83 

They often request the representative, but instruct the 
senator. 

By a provision of the Constitution, one third of the num- 
ber of senators is chosen every second r. wiien chosen 
year. <^)- 

This must necessarily be so, on account of the mode 
of classifying the senators which is prescribed in the Con- 
stitution, and which is therein directed to take place at 
the first organization of the Senate under the new gov- 
ernment. 

Only one third of the senators being chosen every sec- 
ond year, and but one third retiring every second year, 
the Senate must always be constituted of members one 
third of whom have had at least four years of legislative 
experience, and of another third who have had at least 
two. 

By act of Congress, passed July 26, 1866, relating to 
the election of United States senators by the State Legis- 
latures, it is provided, — 

1 st, That each House shall, by a vote viva voce of each 
member present, on the second Tuesday after the meeting 
and organization thereof, name a person for senator of the 
United States. 

2d, On the day following, the two Houses shall meet 
in joint assembly ; and, if the same person shall have re- 
ceived a majority of all the votes cast in each House, he 
shall be declared duly elected senator of the United 
States. 

3d, If no person has received such majorities, then the 
joint assembly shall choose by a viva voce vote a person 
for senator ; and the person who shall receive a majority 
of all the votes of the joint assembly, a majority of the 
members of each House being present, shall be declared 
duly elected. 



84 CIVIL GOVERNMENT. 

4th, If such senator is not elected on the first day, the 
joint assembly shall meet, and take at least one vote per 
day, during the entire session of the Legislature, or until a 
senator shall be elected. 

5th, In relation to vacancies, the act provides that when 
one exists at a meeting of the Legislature, the same pro- 
ceedings shall be had on the second Tuesday after their 
meeting and organization. 

6th, When a vacancy shall happen during the session of 
the Legislature, like proceedings shall be had, beginning 
with the second Tuesday after notice of such vacancy 
shall have been received. 

7th, The governor of the State shall certify the election 
of a senator to the President of the United States. 

Questions. 

10. What is a senatorial term ? 

11. How does this compare with a term in the other House of 

Congress ? 

12. What were the views of the members of the convention on 

this subject ? 

13. By whom are the senators chosen, and whom do they represent 

in their political capacity? 

14. How does the representation of senators differ from that of 

the other House? 

15. Why do State Legislatures claim the right to instruct their 

senators ? 

16. What portion of the senators is chosen every second year, and 

why must this be so ? 

17. What is the result of this ? 

18. When, and by what formality, are United States senators 

elected ? 



SENATE. 85 



LESSON XIX. — SENATE, Continued. 

The Constitution says, " Immediately after they shall be 
assembled in consequence of the first election, they shall 
be divided, as equally as may be, into three n. Hiree classes 
classes. The seats of the senators of the of Senators {9). 
first class shall be vacated at the expiration of the second 
year ; of the second class, at the expiration of the fourth 
year ; and of the third class, at the expiration of the sixth 
year." 

By the foregoing provisions of the Constitution, it will be 
seen that the Senate is a perpetual body. This was the 
intention of the framers of that instrument. The preroga- 
tives with which it is invested, and the duties required of 
it, render this indispensable. It may be necessary to con- 
vene them at any time for the purpose of trying impeach- 
ments, confirming executive nominations to office, or con- 
curring with the President in making treaties. Of course, 
there would be times when this could not be done if the 
Senate were not a perpetual body. 

The number of senators at first was twenty-six, there being 
thirteen States in the Union, and two senators from each 
State. Were each of these senators to serve for six years, 
their terms would all expire at the same time ; but the plan 
was, that one third should retire every second year : hence 
the first Congress classified the senators, and determined 
by lot who should retire at the end of two years, who at 
the end of four, and who at the end of six. That classi- 
fication has been preserved, as nearly as practicable, ever 
since. 

When a new State is admitted into the Union, and it 
chooses two senators, it is determined by lot which shall 
serve for the short and which for the full term. 



86 CIVIL GOVERNMENT. 

The language of the Constitution on the subject of filling 
vacancies is as follows : — 

" If vacancies happen by resignation or otherwise during 
the recess of the Legislature of any State, the Executive 
vii. Mow racan- thereof may make temporary appointments 

des are filled. unt jj t i ie next me eting of the Legislature, 
which shall then fill such vacancies." 

As implied by this language, if the Legislature of the 
State in which the vacancy occurs is in session when it 

1. By theiegisia- happens, that body will fill the vacancy. 

ture (9). As to when and how they shall fill it, has 
been explained under the head, in this chapter, " When 
chosen." 

The Executive is the governor of the State. He may 

2. By the JExecu- make temporary appointments to fill ^acan- 

uve (9). c j es t k at occur w h en the State Legislature 
is not in session. 

If the Legislature is in session when the vacancy hap- 
pens, the governor has no authority over the matter : nor 
can he make an appointment, even for a single day, in 
anticipation of a vacancy that is soon to occur ; he must 
wait until it has really taken place. This has been decided 
by the Senate of the United States. Nor can the State 
Legislature choose a senator to fill a vacancy, until the 
vacancy has actually happened. 

The Constitution says, " Each senator shall have one 
vote." 

This clause would seem to be superfluous, unless it be 

remembered, that, under the Confederation, each State, 

whatever the number of its members in 

VIII. Vote (S). . 

Congress, had but one vote ; and, if less 
than two members were present, it had no vote. 

The States were each allowed from two to seven mem- 
bers ; and, if their delegation was equally divided, they 



SENATE. 87 

lost their vote. One member was incapable of voting 
alone. 

It was the intention of the Constitution to give equality 
of suffrage in the Senate ; with the further advantage that 
a senator shall not lose his vote, nor his State go entirely 
unrepresented, on account of the absence of one of the 
members from the Senate Chamber. 

Questions. 

19. How are senators classed, and when do their terms expire? 

20. How long does the Senate exist? 

21. What is the necessity of this ? 

22. How many senators were in the first Constitutional Congress? 

23. By what means were they classified ? 

24. What is done when new States are admitted ? 

25. By whom are vacancies filled ? 

26. What has been decided by the Senate in regard to filling 

vacancies? 

27. What is the origin of the provision that each senator shall 

have one vote ? 



LESSON XX. — SENATE, Continued. 

The Vice-President of the United States is ex officio (that 
is, by virtue of his office) president of the Senate. He 
performs the ordinary duties devolving on 
a presiding officer, except that he does not i ng officer. 
appoint the standing committees. This *• n ce ~ Pres - 

. 17. S. (11). 

exception is proper from the fact that he 

is not a member of the body over which he presides. 

In case of the removal of the President of the United 
States from office, or of his death, resignation, or inability 
to discharge the powers and duties of the said office, these 
duties devolve on the Vice-President ; and he becomes 



88 CIVIL GOVERNMENT. 

President of the United States. In such case, of course, 
he will not act as presiding officer of the Senate ; nor will 
he act as president of that body during the trial of the 
President of the United States on impeachment, should such 
an event occur. 

By the Constitution, the Senate are required to choose a 
2. President pro president pro tempore, in the absence of the 

tempore (12). Vice-President, or when that officer shall 
be occupying the office and performing the duties of Presi- 
dent of the United States. 

The president pro tempore of the Senate is sometimes 
called the Vice-President of the United States ; only, 
however, when the Vice-President has become President. 
This is often done, doubtless, byway of courtesy, but some- 
times because he is really thought to be in fact such officer. 
This is a mistake which arose from the fact that until 1886 
the president/^ tempore of the Senate stood next in the 
line of succession to the office of chief magistrate, in case 
of the death of both the President and Vice-President. 

The Vice-President is an officer of the United States, 
and no such officer can be a member of either House of 
Congress. The president pro tempore of the Senate is a 
member of that body, while the Vice-President of the 
United States is not. 

A person may be eligible to the office of senator, and 
consequently to the position of president pro tempore, though 
ineligible to the office of Vice-President of the United States 
(see Townsend's Analysis of Civil Government). 

The President of the United States is removable from 

office on impeachment by the House, and conviction by 

3. Chief Justice the Senate. The Senate has the sole 

(13%- power to try all impeachments. When the 

President is tried, the chief justice of the United States 

Supreme Court shall preside. 



SENATE. 89 

It would be manifestly improper for the Vice-President 
of the United States to preside over the trial of the Pres- 
ident, whose conviction w T ould result in removal from office. 
As the Vice-President, in such case, would succeed to the 
office of President, the former would be directly interested 
in the conviction of the latter. The President of the 
United States is the highest officer under our government ; 
and it may be regarded in the highest degree proper 
and befitting, that, if brought to trial on impeachment, the 
highest judicial officer should preside over the solemn 
deliberations of such an august proceeding. 

Questions. 

28. Who is the presiding officer of the Senate of the United 

States? 

29. What are his duties? 

30. Why does he not appoint committees? 

31. To what other duties may he be called ? 

32. Under what circumstances does he not preside over the 

Senate ? 

33. When is the president pro tempore chosen? 

34. What is the president pro tempore sometimes called ? 

35. Why is he not such officer? 

36. When does the chief justice of the United States Supreme 

Court preside over the Senate ? 

37. Why would it be improper for the Vice-President to preside 

in such case? 
3S. Why is the chief justice of the Supreme Court a more appro- 
priate presiding officer? 



90 CIVIL GOVERNMENT, 

LESSON XXL— SENATE, Continued. 

The Constitution makes no general distinction between 
the powers of the two Houses in legislation. It vests ail 
x. senate Potvers. legislative power in a Congress of the 
l. legislative (*). United States, consisting of a Senate and 
House of Representatives. These bodies are therefore 
coordinate with each other in general legislation. 

But, as we have seen in a former chapter, there is one 
power relating to legislation vested in the House exclu- 
sively ; and that is the power to originate bills for raising 
revenue. 

Yet, when these bills reach the Senate, that branch of 
the Legislature may treat them in all respects as though 
they originated there. They can propose amendments, 
concur with amendments, or reject them, if proposed by 
the House, at any stage of the proceedings ; or they can 
reject the bills altogether. 

The power over appointments to office and of ratifying 
treaties is called executive, because in such cases the Senate 

2. Executive. acts on tne recommendations of the Presi- 

(a) Appoint- dent. In the transaction of such business 
ments (64). ^e session is called an executive session ; 
and they sit with closed doors, the members being generally 
under an injunction of secrecy. 

The President nominates, and by and with the advice 
and consent of the Senate appoints, ambassadors, other 
public ministers, and consuls; judges of the Supreme 
Court, and all other officers of the United States whose 
appointments are not otherwise provided for in the Con- 
stitution, and which are established by law. 

The power is vested in the Senate of ratifying or 
rejecting these nominations of the President 



SENATE. 91 

A treaty is an agreement or contract between two or more 
nations, entered into with proper formality and solemnity, 
defining the rights of the respective parties 

. , f <M Treaties (64). 

thereto with regard to trade, commerce, 

boundaries, or any other subject of interest to the nations 

concerned. 

The terms of treaties are usually agreed upon either 
by commissioners appointed by their respective govern- 
ments for the specific purpose of arranging the details, or 
by ambassadors or other public ministers. 

Treaties are discussed by the Senate in secret session. 
They can ratify or reject a treaty, or ratify it in part and 
reject it in part ; or they can make additions to it. Every 
part of a treaty, to be valid, must of necessity be ratified 
by a vote of at least two thirds of the senators present 
and voting thereon. 

When amendments to, or alterations of, the treaties 
have been made by the Senate, the whole document must 
be re-submitted to the President, and also to the foreign 
government with whom negotiations are pending. 

The Senate has the power to elect its officers, except 
the president thereof, who holds this position by virtue of 
his being Vice-President of the United 3 Elective. 
States. They are required by the Con- («) Senate offi- 
stitution to choose a president pro tempore cers * *" 
also. Deliberative bodies, w r ith few exceptions, elect their 
own officers ; and this is necessary to their independence. 
Here is one of the exceptions to the general rule, however, 
that the Vice-President is, ex officio, president of the 
Senate. 

Besides the president pro tempore, the Senate officers 
are a secretary, who keeps the record or journal, has charge 
of the papers, and reads such as he may be called upon by 
the members to read : a sergeant-at-arms, who sees that 

Short. Civ. Gov.— T 



92 CIVIL GOVERNMENT. 

orders of the Senate are executed ; a postmaster, who sees 
to the mailing and distributing of letters and papers for 
the members ; and a doorkeeper, who has charge of the 
doors. 

These officers, except the president pro tempore, are not 
specified in the Constitution, and are not elected from the 
members of the Senate. 

As a last resort, the Senate elects a Vice-President of 
the United States. This is not done, however, until an 

(6) vice-Presi- attempt to elect this officer on the part of 
dent {57). electors chosen by the people has resulted 
in a failure. An election of a Vice-President by the 
Senate has taken place in the history of our government 
but once : in 1837 Richard M. Johnson was elected by the 
Senate. 

The Constitution vests in the Senate the sole power to 
try all impeachments. 

4» Judicial. 

When trying impeachments, the Senate 
sits as a court ; and from their decision there is no appeal. 
Nor can the President of the United States exercise the 
pardoning power in cases of impeachment. 

It requires a concurrence of two thirds of the members 
present to convict a party on impeachment. This was 
believed to be necessary in order to guard against hasty 
and inconsiderate decisions, and to prevent convictions 
from party zeal and political bias and prejudice. So large 
a majority, moreover, would be more likely to command 
the respect and peaceable acquiescence of the whole 
country. 

The Constitution limits the punishment to be inflicted 
by the Senate on impeachment (1) to removal from 
office ; and (2) to disqualification to hold and enjoy 
any office of honor, trust, or profit under the United 
States. 



SENATE. 93 



Questions. 

39. What is said of the general legislative power? 

40. What legislative power belongs to the House only? 

41. What power has the Senate over these bills ? 

42. What are the Executive powers of the Senate ? 

43. On what appointments to office does the Senate act? 

44. What is a treaty ? 

45. By whom are the terms of treaties generally proposed? 

46. What power over treaties has the Senate ? 

47. What officers has the Senate? 

48. By whom are they chosen ? 

49. What are the duties of these officers ? 

50. When does the Senate elect a Vice-President of the United 

States? 

51. How many times has this occurred ? 

52. What is the judicial power of the Senate ? 

53. What is said about impeachments? 

54. What punishment may follow impeachment? 



BLACKBOARD EXERCISE. 



Provisions Common to Both Houses. 

I. Membership (17) 

II. Ineligibility. 

i. Official Incumbrance .... (22) 

2. Disloyalty . . . . . . (100) 

III. Business Quorum (17) 

IV. Parliamentary Rules . . . . . (18) 
V. Yeas and Nays (19) 

VI. Journal. 

i. Keeping ... ... (19) 

2. Publishing (_/£) 

VII. Penalties. 

i. Punishment . .... (jf#) 

2. Expulsion . , . . . . (i#) 
VIII. Prohibitions. 

i. Adjournment. 

(a) 7«w<? . ...... (#0) 

(b) Place (20) 

2. 0/2 Members. 

(a) Q^y tfra/*/ .... (22) 

(b) Emoluments increased . . . (##) 
IX. Official Oath , . . . . . (&£) 

X. Salaries (21) 

XI. Official Privileges. 

i. 7^^?^ Arrest ...... (#i) 

2. Of Debate (£1) 



CHAPTER XI. 

LESSON XXII. — PROVISIONS COMMON TO BOTH 
HOUSES. 



The Constitution says, " Each House shall be the judge 
of the elections, returns, and qualifications i. Membership 
of its own members." (17)# 

These are powers which, from the necessity of the case, 
must be vested in the House where membership is 
claimed. It is necessary to settle the legality and regu- 
larity of the election ; otherwise any person might intrude 
himself into either House without the least show of au- 
thority. Regularity and legality of election can be de- 
termined only by an inquiry into the election through the 
returns, which opens the whole subject for investigation ; 
for, in ascertaining the validity of the returns, it may be 
necessary to go back of them, and inquire into the legality 
of the election itself. 

Were it not for these powers, a person might claim 
membership to either House who was wholly ineligible. 

Even though regularly elected, he might lack any or all 
those qualifications required by the Constitution. 

The power of determining the right to membership 
belongs not only to each House of Congress by express 
constitutional provision, but like authority is conceded to 
the legislative bodies of all the States, and to kindred 
bodies under all free governments. 

The language of the Constitution on this subject is, "No 



yo CIVIL GOVERNMENT. 

person holding any office under the United States shall be 
n. ineligibility; a member of either House during his con- 
1. Official incum- tinuance in office." 

If a person holds any Federal office at 
the time of his election to either House of Congress, he 
must resign it before he has the right to take his seat. This 
provision originated in a deference to State jealousy, and 
fear that the General Government would obtain an undue 
influence in the national councils. If a Federal officer were 
allowed to be a member of either House, he might wield an 
undue influence over those with whom he would be asso- 
ciated in legislative deliberations. 

, In the year 1861 a great civil war broke out in the United 
States, which continued more than four years. It cost the 

2. Disloyalty country more than a million of lives and 
{too). several billions of money. Most of the 

slave-holding States passed ordinances of secession, and 
organized the Confederate States ; and many of their citi- 
zens, to the number of several hundred thousand, took up 
arms against the government of the United States. Among 
these were thousands of the prominent men of the South, 
many of whom had held high offices in State and Nation. 
The conflict resulted in the downfall of the Confederacy, 
and in the triumph of the Federal Government. 

The Federal and State office-holders who were engaged 
in the secession movement had taken an oath to support 
the Constitution of the United States. By the third clause 
of the Fourteenth Article of Amendment to the Constitu- 
tion, all such persons are declared ineligible to a seat in 
either House of Congress; though, by a further provision 
of the same clause, such disability may be removed by a 
vote of two thirds of the members of each House. 

The Constitution says, "A majority of each House 
shall constitute a quorum to do business ; but a smaller 



PROVISIONS COMMON TO BOTH HOUSES. 97 

number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent 

HI* Husi/ticss 

members, in such manner and under such Quorum (27). 
penalties as each House may provide." 

It is indispensable that the Constitution specify the 
number necessary to do business • otherwise a reckless and 
intriguing minority might take advantage of the absence 
of the majority, and usurp the functions of legislation by 
enacting repugnant and odious laws, or by repealing those 
most acceptable to the people. 

On the contrary, if a smaller number could not adjourn 
from day to day, or compel the attendance of absent 
members, the whole business of legislation might be sus- 
pended at the pleasure of a few refractory absentees. The 
necessity of these three provisions in reference to business, 
therefore, must be evident at a glance. 

The Constitution says, " Each House may determine the 
rules of its proceedings." 

Every deliberative assembly has an inherent right to 
adopt such parliamentary rules as it chooses for the trans- 
action of business, provided those rules do 

. . , r , . . IV. Parliamen- 

not violate any organic law from which tary Mules {18)t 
such assembly receives its authority. 

Take away this right to adopt their own rules of pro- 
ceeding, and it would be utterly impracticable to transact 
business with facility and dispatch. 

Questions. 

1. What does the Constitution say about membership in either 

House of Congress ? 

2. Why is this necessary? 

3. What may be necessary to the inquiry of the legality of the 

returns ? 

4. What qualifications might a person lack, though regularly 

elected ? 



98 CIVIL GOVERNMENT. 

5. To what legislative bodies is the power of determining this 

right accorded ? 

6. What are the conditions of ineligibility? 

7. What is the language of the Constitution in regard to the con- 

ditions of ineligibility? 

8. In what did this originate ? 

9. What great event was precipitated in 1861, and how long did 

it continue? 

10. What did it cost the country? 

11. What did the Southern States do? 

12. How did the conflict terminate? 

13. What oath had many of the Federal and State office-holders 

engaged in the secession movement taken ? 

14. What does the Fourteenth Article of Amendment say about 

these ? 

15. What does the Constitution say as to what shall be considered 

a quorum ? 

16. Why does the Constitution define the quorum to do busi- 

ness? 

17. What is said about parliamentary rules ? 

18. What would be the result if this right concerning parlia- 

mentary rules were taken away? 



LESSON XXIII. —PROVISIONS COMMON, 
Continued. 

The Constitution says, " The yeas and nays of the mem- 
bers of either House on any question shall, at the desire of 
v. Teas and one fifth of those present, be entered on 

Natjs (19). the j ourna h» 

The usual method of taking a vote in deliberative bodies 
is substantially this : The question being stated by the 
presiding officer, he puts it first affirmatively, " As many 
as are in favor of the proposition, say ' ay ' " (all the 
members in favor of it respond " ay ") ; the presiding officer 
then puts the question negatively, "Those opposed say 
'no.'" The president is generally able to decide by the 



PROVISIONS COMMON TO BOTH HOUSES. 99 

sound ; but if not, he repeats the trial, calling the vote 
both affirmatively and negatively. If still in doubt, or at 
the request of a member, the House may be divided, the 
affirmative taking one side, and the negative the other, 
when the secretary counts ; and, on the count, the de- 
cision is made. 

But in taking the yeas and nays the process is quite 
different. The presiding officer states both sides at once, 
thus : " As many as are in favor, etc., will, when their 
names are called, answer ' yea ; ' and as many as are op- 
posed will, when their names are called, answer ' no.' " 
The names are then called, usually in alphabetical order, 
each member rising at the call of his name by the secre- 
tary or clerk, and answering "yea " or " nay," as he votes ; 
the clerk noting the vote in each case. He then usually 
reads over the list of names and the votes in each case, so 
that, if any mistakes have been made, they may be cor- 
rected. 

Several objects are secured by taking the yeas and 
nays : — 

1 st, They are entered on the journal, which shows, 
therefore, the way each member votes. The record is 
kept for future inspection. 

2d, The record also shows who were absent, — a matter 
of scarcely less importance to the member, or his constit- 
uency, than the vote itself one way or the other. Mem- 
bers sometimes absent themselves for the purpose of 
avoiding responsibility in voting. 

3d, As the newspapers publish a list of the yeas and 
nays, the people soon learn how each member has voted 
on any important question. 

The Constitution says that each House shall keep a jour- 
nal of its proceedings. This provision imposes a salutary 
restraint upon the members of the two Houses. In a 



IOO CIVIL GOVERNMENT. 

certain sense, it brings representative and constituent face 
ri. Journal, to face. The journal contains a lasting 

1. Keeping (19). re cord of the doings of the body for which 
it is kept, and is accessible for inspection at all proper 
times. 

The Constitution requires that from time to time the 

journal shall be published excepting such parts as are 

proper to suppress, of which each House 

2. Publishing (19).*; f . , 

is the judge. 

There may be proceedings in every legislative body, 
especially in times of insurrection or invasion, the imme- 
diate publication of which would be imprudent in the 
highest degree. The publication of such from day to 
day might give great advantage to a public enemy, and 
endanger the very existence of the government itself. 

The Constitution says that u each House may punish its 
members for disorderly behavior, and, with the concurrence 
ni. Penalties. of tw0 thirds, expel a member." 

l. Punishment The power to punish members for dis- 
( 18 ^ orderly behavior is usually given to legis- 

lative bodies. Without this power, it might be impossible, 
at times, to transact business. Under high excitement, mem- 
bers are sometimes boisterous and tumultuous in conduct ; 
and they might persist in disturbing the assembly, but for 
this power to punish. Rules would be of no use without 
the power to enforce them. 

The power to expel a member is given for the same 

purpose j that is, for the preservation of order, and for the 

maintenance of proper decorum. Without 

2. Expulsion (18). r r 

these powers, the country would lose all 
respect for its legislative assembly. But lest party-spirit 
might overstep the limits of propriety, and a domineering 
majority expel members of opposite political sentiments 
from improper motives, a salutary restraint is imposed, re- 



PROVISIONS COMMON TO BOTH HOUSES. IOI 

quiring a vote of two thirds for the expulsion of a member. 
So large a majority it would be difficult to secure in any 
case where the rights of the assembly had not been grossly 
outraged. 

A member may be expelled, not only for misbehavior in 
the presence of the assembly itself, but for any conduct 
elsewhere incompatible with his obligations as a legislator. 

Questions. 

19. What does the Constitution say about yeas and nays? 

20. What is the usual method of taking votes ? 

21. 'How by yeas and nays ? 

22. What objects are secured by this method? 

23. What does the Constitution say about keeping a journal ? 

24. What is the use of this provision ? 

25. What about publishing the journal ? 

26. Why not publish the whole journal ? 

27. What does the Constitution say about penalties? 

28. What is the use of this power? 

29. For what is the power of expulsion given ? 

30. Why is so large a vote required to expel a member ? 

31. For what may a member be expelled? 



LESSON XXIV.— PROVISIONS COMMON, 

Co7iti?iued. 

The Constitution says, " Neither House, during the ses< 
sion of Congress, shall, without the consent of the other, 
adjourn for more than three days, nor to rill. Prohim- 
any other place than that in which the two tions. 

Houses Shall be sitting." * ^ournment. 

If there were no limitation as to the time for which either 
House, during the session of Congress, 

, ,. . 1 , n , («) Time (20). 

might adjourn without the consent of the 

other, a factious party-spirit controlling in either House 



102 CIVIL GOVERNMENT. 

might seriously interrupt legislation, or bring it to an un- 
timely close. 

Were there no restriction with regard to the place to 

which either House might adjourn without the consent of 

the other, mischief equally disastrous and 

(b) Place (20). \ . , , ~ 

embarrassing might be perpetrated. One 
House might compel the other to follow it from place to 
place for the very purpose of preventing legislation. This 
might be done by a minority taking advantage of the ab- 
sence of a majority, as a minority has power to adjourn. 

The duration of the sessions of Congress depends, — 

ist, Oiivthe constitutional limitation, which cannot extend 
beyond the period of two years. 

2d, On the pleasure of the two Houses, subject to the 
foregoing restriction. 

3d, On the pleasure of the President of the United 
States, when the two Houses cannot agree on the time of 
adjournment. 

The Constitution says, "No senator or representative 
shall, during the time for which he was elected, be appointed 

2. Members. to any civil office under the authority of 

(a) offices ere- the United States which shall have been 

ated (22). 

(b) Emoluments created, or the emoluments whereof shall 
increased (22). h ave been increased, during such time." 

If a member of Congress were permitted to assist in 
creating an office, and then to resign his seat for the pur- 
pose of obtaining that office on being nominated to it by 
the President, it would throw wide open the doors to execu- 
tive corruption. Numerous lucrative offices might thus be 
created by legislation, with the understanding, express or 
implied, between the legislators and the Executive, that the 
offices so created should be distributed among those who 
were instrumental in creating them. 

The chairman of the Judiciary Committee might pro- 



PROVISIONS COMMON TO BOTH HOUSES. 103 

pose, to the House of which he was a member, the creation 
of a United States judgeship in California, with a salary of 
ten thousand dollars a year; and, through his official 
influence, the bill might pass both Houses of Congress. 
By pre-arrangement with the Executive, that office might 
be secured to the very man who had been the chief means 
of creating it, were he at liberty to resign his seat and 
take it. 

Also, by a system of u bargaining and selling/' the 
salaries of certain offices might be greatly increased by 
mercenary legislation ; and then those salaries might be 
bestowed on the very men who had been active in aug- 
menting them, but for the restrictions under consider- 
ation. 

Senators and representatives shall be bound by oath or 
affirmation to support the Constitution of jx. official oath 
the United States. ^ 4 >- 

This oath is administered to the members, before taking 
their seats, by the President of the Senate, or Speaker of 
the House of Representatives. He who takes it appeals 
to the Supreme Being for the rectitude of his intentions. 
Such an oath is calculated to make a deep and solemn 
impression on the mind of any candid and conscientious 
man. 

It seems fit and proper, therefore, that all who assume 
the important trust of legislation for their country should 
take upon themselves this solemn obligation. They as- 
sume grave responsibilities, the faithful discharge of which 
concerns the welfare of the whole people of the United 
States. 

Some persons are conscientiously opposed to taking an 
oath on any occasion whatever. Out of respect to the 
scruples of such persons, a solemn affirmation is adminis- 
tered instead of an oath. 



104 CIVIL GOVERNMENT, 



Questions. 

32. What does the Constitution say about adjournments? 

33. Why this limitation? 

34. Why the limitation as to place ? 

35. On what does the duration of Congress depend ? 

36. What are the constitutional prohibitions on members ? 

37. How might members profit but for this prohibition? 

38. What is the official oath ? 

39. Why should this oath be taken ? 

40. Who may be excused from taking it ? 



LESSON XXV. — PROVISIONS COMMON, Continued. 

The language of the Constitution on the subject of 
salaries is, " The senators and representatives shall re- 
ceive a compensation for their services, 

X. Salaries (21). f . . . ' 

to be ascertained by law, and paid out of 
the treasury of the United States." 

The salaries of the representatives are the same as the 
salaries of the senators. At first, in 1789, they were fixed 
at six dollars a day, and six dollars for every twenty miles' 
travel in going to and returning from the seat of govern- 
ment. This compensation has been increased from time 
to time by various acts of Congress. The salary of a 
member of either House at the present time is five thou- 
sand dollars per year. That of the speaker of the House 
is eight thousand dollars ; of the president of the Senate, 
the same. 

The Constitution says that the compensation is to be 
ascertained by law ; which is by no means a very difficult 
matter, as the members make the law to suit themselves. 
As to the amount, there is no constitutional restraint or 
limit. The want of some provision of limitation was not 



PROVISIONS COMMON TO BOTH HOUSES. 105 

entirely overlooked by the authors of the Constitution. 
They thought it improbable, however, that such an author- 
ity placed in such hands would be abused ; but, right or 
wrong, much complaint has been uttered on the subject. 

The members of the British Parliament, whether of the 
House of Commons or the House of Lords, receive no 
compensation whatever. 

Many of the .members of the convention that formed 
the Constitution were opposed to allowing salaries to sen- 
ators and representatives. It was proposed to consider 
the honor of the position a sufficient reward, believing 
that this would secure the services of men of higher char- 
acter and more distinguished ability. 

But the majority of the convention were in favor of 
salaries, and this view prevailed. It was thought best 
that the salaries of members should be paid from the 
United States Treasury, as that would be more likely to 
secure promptness of payment, and consequently prompt- 
ness of attendance. Under the Confederation, the mem- 
bers were paid by their respective States. The pay was 
often slow, and the attendance tardy and reluctant. 

The Constitution says, tt They shall, in all cases except 
treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the ses- XI official Priv- 
sion of their respective Houses, and in lieges. 

going to and returning from the same ; and for any speech 
or debate in either House they shall not be questioned 
in any other place." 

This is a privilege accorded to members of all legis- 
lative bodies. But for it the House of Representatives 
might suffer great inconvenience in the i# From Arrest 
transaction of business, and the congres- (#*)• 

sional district, or the State, might be for a time without 
representation. 



106 CIVIL GOVERNMENT. 

Prominent members of important committees, or even 
the speaker of the House of Representatives, might be 
detained from the performance of legislative duties at the 
instance of private creditors; and thus private interests 
would be allowed to interfere with the performance of pub- 
lic duties. 

They can be arrested for crime only. An eminent 
English jurist says that it has immemorially constituted 
a privilege of both Houses of the British Parliament. It 
is also necessary in order to sustain the personal independ- 
ence of the members. 

For the purpose of securing entire freedom of discussion, 

no member of either House can legally be questioned 

elsewhere for anything which he may see 

£. Of Debate {21). ' . 7 , . , . , 

fit to utter in debate m his place as a 
member; that is, he cannot legally be called to account 
before the courts, no matter how much he may slander pri- 
vate character. This provision is for the purpose of se- 
curing entire and unlimited freedom of discussion. 

Of course, this is a right which may be, and sometimes 
is, abused ; but the public interests may require the most 
critical and searching examinations into personal and 
official qualifications of individuals proposed as candidates 
for public stations of grave responsibility. Members 
should be allowed to perform these duties without fear of 
future personal retribution. 

Questions. 

41. What does the Constitution say about salaries? 

42. How does the salary of a representative compare with that of 

a senator ? 

43. What was the salary of a member in 1789 ? 

44. What is the salary now? 

45. What are the salaries of the presiding officers ? 



PROVISIONS COMMON TO BOTH HOUSES. 1 07 

46. Who fixes the amount of salaries? 

47. Is there any provision in the Constitution as to the limit of 

the amount ? 

48. What is said about the salaries of members of the British 

Parliament ? 

49. What was the opinion of many of the members of the Consti- 

tutional Convention regarding salaries of senators and 
representatives ? 

50. Why should the salary be paid out of the treasury of the 

United States? 

51. By whom was it paid under the Confederation ? 

52. Why should members be privileged from arrest? 

53. For what may they be arrested ? 

54. What is the second privilege ? 

55. Why is this? 



Short. Civ. Got.- 



BLACKBOARD EXERCISE. 



Powers of Congress. 



I. Finances, 

i. Resources. 

(a) Taxes, Duties, Imposts, Excises 

(b) Borrow Money . 

(c) Territory 

(d) Other Property . 
2. Disbursements. 

(a) United States Debts . 

(b) Common Defense . 

(c) General Welfare 
II. Commerce. 

i. Foreign Nations. 

2. Several States 

3. Indian Tribes 
III. Commercial. 

Coinage of Money 
Value of Coin. 

(a) Domestic . 

(b) Foreign .... 

3. Weights and Measures 

4. Bankruptcy ... 
Penalties. 

1 . G?^;z terf citing. 

(a) United States Securities . 

(b) United States Coin 
Crimes on High Seas 
International Offenses . 
Treason . 

Postal. 

1. /W Offices .... 

2. /for/ Roads 
VI. Patent and Copy Rights . 

VII. »fcr. 

1. Declaration . 

2. Marque and Reprisal 

3. Captures .... 

4. Armies . 



IV. 



1. 
2. 



2. 

3- 

4- 



(07) 

(75) 
(70) 

(*») 
(00) 

(*») 
(**) 

(30) 

(*>) 

(30) 






(7*) 

(30) 
(30) 



(36) 
(37) 



1 08 



BLACKBOARD EXERCISE. 



109 





5. Navy 






6. Rides. — Land and Naval Forces 






7. Militia. 






(a) General Control 






1st, Organizing 






2d, Arming .... 


. 




2yd, Disciplini?ig 






4th, Governing 


. 




(b) Calling Forth. 






1st, Laws of the Union . 


. 




2d, Lnsurrectio7is 






$d, Lnvasions 


. 


mi. 


Judiciary. 






1. Inferior IVibunals 


. 




2. Place of Trial .... 






3. Restrictions ..... 


. 


IX. 


Naturalization ..... 




X. 


Territory. 

1. Government .... 

2. Seat of Government 

3. Public Works .... 

4. Alienation ..... 

5. New States .... 


• 


XL 


States. 

1. Flections. 

(a) Members of Congress . 

(b) Presidmtial Electors 

2. *SVtf& Records. 


. 




(a) Method of Proving 


. 




(b) Effect of Proof. 






3. Imposts and Duties 


. 


XII 


Executive Vacancy . . 




XIII. 


Appointments ..... 


. 


XIV. 


Constitutional Ame?id7nents 




XV. 


Slavery. 

1. *S7tfz^ Trade .... 

2. Abolition . 




XVI. 
CVII. 


General Lawmaking 
Meeting. 

1. Frequency ..... 

2. 7}w<?. 

(a) i?j> //^ Constitution . 

(b) i?y Zaze/ . 





CHAPTER XI I. 

LESSON XXVI. — POWERS OF CONGRESS. 



The word "finances," as here used, signifies the re- 
sources and disbursements of the country. 

X. Finances, 

The resources of a country are the pe- 
cuniary means which it has at its command. 

By our Constitution the resources con- 

1 H€SOtt7*C€S 

sist in part of the power to lay and collect 
taxes, duties, imposts, and excises. 

A tax is a sum of money levied on the property or 
inhabitants of a country for the support of the govern- 
ed) Taxes, duties, ment * The P 0W6r t0 l W and C ° lleCt taXeS 

imposts, Excises belongs to every human government, with- 
out which the expenses thereof could not 
be defrayed. This is one of the means which it has of 
enabling it to perform its obligations to the country. No 
government could sustain itself without regular and relia- 
ble resources. 

Direct taxes are the kind here referred to. They are to 
be apportioned among the several States in the same 
manner as representatives ; that is, in proportion to the 
representative population. Taxes are of two kinds, — 
direct and indirect. Direct taxes are such as are laid on 
the property of the country or on persons, the latter being 
called a capitation tax. Indirect taxes are such as are 



POWERS OF CONGRESS. Ill 

levied on articles of consumption, of which no person pays, 
except in proportion to the quantity or number of such 
articles which he may consume. 

Duties, imposts, and excises are also of the nature of 
indirect taxes. These must be uniform throughout the 
United States ; that is, the same in all States. 

The word " duties " refers to a kind of taxes levied on 
goods and merchandise imported or exported. In our 
country, an export duty is not permitted to be levied. 
The Constitution forbids it. 

The imposts, under our government, are equivalent to 
customs, referring strictly to the duties on imports from 
foreign countries. 

The word "excises" is applied more particularly to 
internal taxation, being levied on articles manufactured 
and consumed in the country, and also on various kinds 
of business. The money paid for licenses to sell liquors, 
or to deal in any other commodities, is called excises, or 
excise taxes. 

Duties on imports are of two kinds, — specific and ad 
valorem, — and are collected at the customhouse. A 
specific duty is a certain sum of money charged according 
to quantity or weight, without any reference to the value of 
the articles weighed or measured • as a dollar on a yard of 
silk, or ten cents on a pound of tea. 

11 Ad valorem " is a word or phrase that signifies " ac- 
cording to the value of." Ad-valorem duties are levied on 
articles according to their value \ as twenty-five per cent 
on the cost of cloth, and ten per cent on the cost of tea. 

Duties are collectible at the customhouse where the 
goods are landed for consumption. Goods are estimated 
at their value where they are purchased, not where deliv- 
ered. This is shown by the invoice, unless there is 
evidence of fraud in the bill ; in which case, the proper 



112 CIVIL GOVERNMENT. 

officers investigate the matter, and decide according to 
the proof. 

If fraud is proved, the goods are forfeited to the use of 
the United States, and the perpetrator of the fraud may be 
punished for it as well as for the perjury. 

The power to borrow money on the credit of the United 
States is classed among the government resources. It has 
(&) Borrow Money often been f ound to be of great importance 
(27). i n sustaining the financial interests of the 

country. No country can sustain itself through a long and 
expensive war, simply on its ordinary income. All the 
great powers of the world have found it necessary, at one 
time or another, to borrow money. 

In our wars with Great Britain and with Mexico, we 
found it necessary to borrow in large sums; but in our 
more recent domestic war we were compelled to run up 
our national debt to nearly three thousand millions, thus 
anticipating the government income for a quarter or half 
a century. 

Questions. 

1. What does the word " finances" mean ? 

2. Of what do the resources of this country consist ? 

3. What is a tax ? 

4. Why are taxes collected ? 

5. How many and of what kinds are taxes? 

6. What are duties, imposts, and excises? 

7. Of what kinds are duties, and where collected? 

8. What is the result of fraudulent invoices? 

9. Why has it been necessary for the United States to borrow 

money ? 



POWERS OF CONGRESS. 113 



LESSON XXVII. — POWERS OF CONGRESS, 

Continued. 

The right of ownership always implies the right of trans- 
fer. The right to dispose of the territory of the United 
States is to be understood here in a re- 

(c) Territory (79). 

stricted sense. The United States does 
not own a State in fee simple, or in any sense implying an 
interest in its soil. The government has no authority 
whatever to sell a State to any foreign power. 

The power of Congress herein referred to is limited 
to,— 

1 st, Unorganized and unoccupied tracts or territories. 

2d, Public lands in parcels to settlers, or to individuals 
desiring to purchase. 

3d, Disposing of them in any other way for the promo- 
tion of the general welfare. 

4th, Ceding to States unoccupied lands lying within their 
boundaries, for literary or school purposes. 

5th, Re-ceding to States, for instance, from which they 
have been obtained, any lands, when the purposes for which 
they were obtained no longer exist. 

This power to dispose of the territory of the United 
States implies the power to sell the lands, or to give them 
away for the public good. Many of the Western States 
have received grants of large tracts of lands within their 
borders by act of Congress. In selling lands to individual 
purchasers, the government has received many millions 
into its treasury, so that the disposition of the territory be- 
longing to the United States may be regarded as one of 
the national resources. 

Congress is invested with power to dispose of other prop- 
erty of the United States. This doubtless includes every 



114 CIVIL GOVERNMENT. 

species of personal property. In time of war, especially, 
a vast amount of personal property accumulates in the 
(d) other Property hands of government, such as ships, horses, 
(79). wagons, guns, clothing for soldiers, etc., 

which become useless in time of peace, and may be dis- 
posed of to the advantage of the public treasury. 

The disbursements of a government are the sums of 

money paid out by it. Congress is authorized to make 

appropriations for the following pur- 

2. Disbursements,* 

poses : — 
The only purposes for which the burden of taxes, duties, 
imposts, and excises can be imposed are to pay the debts and 

(a) United states provide for the common defense and general 
Debts (26). welfare of the United States. The power 

of raising money through these means is for these definite . 
and stipulated purposes. 

Everything necessary for the welfare of the country is 
included in these powers of collecting money and disburs- 
ing it. The want of this, it will be remembered, was 
a serious defect under the Confederation. Before the 
adoption of the present Constitution, the government was 
utterly powerless to maintain its credit at home or abroad. 

To provide for the common defense is one of the objects 
for which the various kinds of taxes may be imposed. A 

(b) Common i>e- nation without the ability to protect itself 
fense(26). from foreign invasion or domestic insur- 
rection is destitute of one of the attributes of sovereignty 
essential to its independence. The army and navy are the 
organizations through which a nation demonstrates its 
strength in time of war. To support these on a scale com- 
mensurate with the wants of the United States necessarily 
requires the expenditure of immense sums of money. They 
will be further noticed in considering the war power of Con- 
gress. 



POWERS OF CONGRESS. 115 

To provide for the welfare of its citizens is the first duty 
of every government. Unable to do this, it will soon fail to 
command the respect, homage, and loyalty ( C ) General Wei- 
of its subjects; and no government, espe- fare {26). 
daily republican in form, can long exist without the regard 
and affection of the people. 

If there is a single sentence or clause in the Constitu- 
tion more comprehensive of its purposes than any other, it 
is this one requiring Congress to make provision for the 
general welfare. Indeed, this is the one great object of 
its origin. 

Questions. 

10. In what sense is the right to dispose of territory to be under- 

stood ? 

11. What does the power here imply? 

12. What was the country's credit under the Confederation? 

13. What other object for imposing taxes? 

14. What is the first duty of every government? 



LESSON XXVIII. — POWERS OF CONGRESS, 

Co7iti7ined. 

Under the Confederation, Congress did not possess the 
power to regulate commerce. It belonged entirely to the 
several States ; and each acted according IT Co7nnierC€t 
to the dictates of its own interests. This J. Foreign jsa~ 
produced angry disputes and rivalry be- lons 
tween them, from which not only the several States, but 
the General Government, greatly suffered. 

The authors of the Constitution, therefore, had no hesi- 
tation in conferring this power upon Congress. The 
vexations and bitter experiences of the past induced the 
country at large to readily accept this provision. 



I ID CIVIL GOVERNMENT. 

The disastrous troubles of the past had rendered it 
evident that the powei to regulate foreign commerce and 

2. Several states interstate commerce ought to be in the 

(^*)- same hands. Indeed, they could not safely 

be separated. The power to regulate foreign commerce, 
if vested in Congress, it was believed might be so exercised 
as to compel foreign nations to meet us on terms of reci- 
procity. 

But if the States were to be allowed to restrict each 
other, to cultivate rivalry of interests, and to foster the 
jealousies of the past, commerce must languish, and the 
whole country must suffer. 

If goods landed or manufactured m New York or 
Massachusetts could not be sold and conveyed into Penn- 
sylvania or Connecticut without being burdened with State 
restrictions, not only would feuds be cultivated among the 
States, but foreign commerce would be seriously embar- 
rassed, if not wholly destroyed ; and this would strike a 
fatal blow at our national revenue. 

Under the Confederation, Congress had but a limited 
power over commerce with the Indian tribes. They had 

3. Indian Tribes none, except with those tribes located out- 

(**)• side the limits of the State. Within a 

State the State itself had the authority. Each State adopted 
its own policy with this people : consequently there was no 
uniformity of traffic with the Indians ; and, this creating 
dissatisfaction among the tribes, frequent aggressions and 
depredations were the result. 

That this power should be vested in Congress was indis- 
pensable, for three reasons : — 

i st, Experience had proved that it was extremely hazard- 
ous to leave it with the States. 

2d, Congress could much more easily command the 
confidence of the tribes than any State Legislatures. 



POWERS OF CONGRESS. II* 

3d, It was necessary for the preservation of the rights, 
and for the defense of the territory of the Indians them- 
selves. 

Questions. 

15. With whom has Congress the power to regulate commerce? 

16. Why was this power given to Congress? 

17. What objections to State restrictions? 

18. Why is it necessary that Congress should regulate commerce 

with the Indians? 



LESSON XXIX.— POWERS OF CONGRESS, 

Co?iti7iued. 

The power of Congress to coin money is one of the 
ordinary prerogatives of sovereignty. It is exercised for 
the purpose of securing a proper circula- ZII CofntnerciaL 
tion of genuine instead of base coin in i. Coinage of 
commercial transactions. In order to in- A oney. 
sure its purity and uniformity of value, the coining of 
money is placed exclusively under the supervision of the 
Federal Government. Money is the common standard by 
which the value of all articles of merchandise and real 
estate is measured or determined. Were it left to the 
States to coin money, there would be no uniformity in the 
standard of value \ depending, as it would, on State lines 
and boundaries. 

The advantages arising from placing this power exclu- 
sively in the hands of Congress are, — 

1 st, The facilitation of exchanges at home and abroad. 

2d, The encouragement and stimulus which it imparts 
to commerce. 

3d, The barrier which it erects against embarrassments 
arising from undue and forced scarcity. 



Il8 CIVIL GOVERNMENT. 

4th, The uniformity of value which it insures, as it in- 
sures uniformity of alloy. 

The power to regulate the value of domestic coin is ex- 
pressly conferred on Congress by the Constitution. This 
2. rahieo/Coin. is especially for the purpose of securing 
(«) Domestic Coin entire uniformity of value, in order that it 
may pass from hand to hand in business 
transactions, obviating the necessity of a test being applied 
to each piece of money in each commercial transaction. 
Every piece of money is stamped in such a manner as to 
indicate its precise value. 

When at first metals were used as media of exchange, 
especially in ancient Britain, it was necessary to weigh 
such as were used, in every business transaction. It was 
also necessary to subject them to tests that would deter- 
mine their purity. 

They were not formed in the similitude of the beautiful 
coins of modern times. 

The power of regulating the value of foreign coin is also 

given to Congress. If it were not for this power to 

(6) Foreign Coin regulate the value of foreign coin, it would 

(30). b e vei y difficult to regulate the value of 

domestic coin. 

Different States might attach different values to the 
same piece of foreign coin. Massachusetts might call a 
piece of English money, known as a sovereign, five dollars ; 
and New York, four dollars. A citizen of Massachusetts 
owing a citizen of New York five thousand dollars, to be 
paid in Boston, could compel the latter to accept a thousand 
sovereigns in payment, on which the citizen of New York 
would lose a thousand dollars if he used the money at 
home. Thus foreign coin would become an article of 
commerce, the same as any other commodity. 

Congress has the express power to fix the standard of 



POWERS OF CONGRESS. 1 19 

weights and measures ; but as yet it has not been exercised 

by this body. 3. Weights and 

Until Congress shall fix a standard, the -M«*n«re* (30). 
understanding seems to be that the States possess the 
power to fix their own weights and measures ; or, at least, 
the existing standards at the adoption of the Constitution 
remain in full force. 

It is desirable that a pound, a gallon, and a bushel shall 
be the same in all the States and Territories; but this 
entire uniformity will hardly be secured until Congress 
shall exercise its power over the subject. 

The power to pass or establish uniform laws on the sub- 
ject of bankruptcies is classed here as among the commer- 
cial interests of the government. A law 4t Bankruptcy 
of this character is regarded as indispensa- (29). 

ble to the commercial interests of the country. 

A bankrupt is one who owes more than he can pay. 
Especially is he to be regarded as such when the question 
of his inability to pay his debts has been judicially ascer- 
tained. No State has a right to pass a bankrupt law, or 
any other law impairing the obligation of contracts. 

The objects of a bankrupt law are twofold : — 

ist, To enable creditors to secure an appropriation of all 
the property of a debtor who fails to pay his debts ; allow- 
ing the courts, in such cases, to give the debtor a complete 
discharge from all indebtedness. 

2d, To relieve unfortunate debtors from their debts, 
and from liability to imprisonment, on their own applica- 
tion, and surrender of all their property. 

A bankrupt law must not be confounded with an in- 
solvent law. An insolvent law simply relieves from a 
liability to imprisonment for debt, on the surrender of the 
debtor's property to the creditors: it does not discharge the 
indebtedness itself. In such cases, the future property of 



120 CIVIL GOVERNMENT. 

the debtor may be seized for his debts, and appropriated to 
their payment. On the contrary, a discharge under a 
bankrupt law annihilates the debts themselves, and the 
creditors have no further claims. * 

Questions. 

19. Why should the coinage of money be placed in the hands of the 

government ? 

20. What is money? 

21. Why not leave coinage to the States? 

22. Why should it be placed in the hands of Congress? 

23. Why should government determine the value of money? 

24. What was necessary when metals were first used ? 

25. Why was it necessary that Congress should regulate the value 

of foreign coin ? 

26. What is said about the standard of weights and measures? 

27. What is a bankrupt ? 

28. What is the object of bankrupt laws, and how do they differ 

from insolvent laws ? 



LESSON XXX. — POWERS OF CONGRESS, 

Continued. 

Counterfeiting consists in making imitations of coin, bank- 
bills, or other securities, approaching so near to a likeness 
ir. Penalties. of the originals as to deceive a person of 
1. counterfeiting. but or di nar y experience. 

The power to punish, or to prescribe the punishment as 
it is here to be understood, for counterfeiting the securities 
(a) United states and current coin of the United States, is a 
Securities (31), necessity growing out of the power of Con- 
gress to coin money and to regulate its value. 

We have seen that Congress has the sole power to coin 
money. It consists chiefly of gold and silver, and is struck 
(6) United states at the mint in denominations adapted to 
Coin (31). t ne uses f commerce. 



POWERS OF CONGRESS. 121 

Without the power to attach severe penalties to the 
crime of counterfeiting, the securities and coin of the 
United States would soon become comparatively worth- 
less ; the country would be filled with spurious bills, bonds, 
and coin ; and it would not be long before money would 
cease to be a medium of exchange among the masses, 
who are unskilled in detecting the counterfeit from the 
genuine. 

Congress is vested with power to define and punish pira- 
cies and felonies when committed on the high seas. In 
pursuance of this authority Congress has „ „ . „. 

r . %» Crimes on High 

passed several acts on the subject. For seas. 

instance, in 1820 the foreign slave trade (a ) Piracies (35). 

j ° (&) Felonies (35). 

was made piracy, punishable by death. 
From the foundation of our government, until 1808, the 
foreign slave trade was lawful commerce. Congress has the 
power to enlarge or contract the definition of " piracy " from 
its common-law meaning. Sir William Blackstone defines 
" piracy " at common law to consist in committing those 
acts of robbery and depredation on the high seas, which, if 
committed on land, would amount to felony. 

"Felony" is another word of common-law definition. 
The author last quoted defines it to be every species of 
crime which at common law occasioned the forfeiture of the 
lands and goods of the criminal ; and this happens most 
frequently in those crimes for which a capital punishment is 
or was inflicted. 

Therefore "felony" is a word of generic import, and 
includes many crimes, such as murder, larceny, arson, 
burglary, etc. The Constitution authorizes Congress to 
change this common-law definition of "felony" in cases 
where it may be necessary to do so. When committed on 
the high seas, it could not properly be left with the States 
to define it, as the jurisdiction of offenses not committed 



122 CIVIL GOVERNMENT. 

within State limits must necessarily be restricted to the 
Federal courts. 

The high seas embrace not only the waters of the ocean 
which are out of sight of land, but also the waters on the 
sea coast below low-water mark, whether within the terri- 
torial boundaries of a nation or within those of a domestic 
State. 

The Constitution says that Congress shall have the 

power to declare the punishment of treason. This crime 

consists in levying war against the United 

3. Treason (73). . ■ ' . . , . 

States, or in adhering to their enemies, 
giving them aid and comfort. In 1790 Congress affixed 
to this crime the penalty of death. In 1862 Congress 
passed another act, punishing treason with death, or im- 
prisonment for not less than five years, and a fine of ten 
thousand dollars, and the slaves of the party convicted 
to be free. This act was passed before the abolition of 
slavery in the United States. 

Questions. 

29. What is counterfeiting ? 

30. Why is punishment for counterfeiting the securities and cur- 

rent coin of the United States necessary ? 

31. What is the power of Congress over piracies and felonies com- 

mitted on the high seas? 

32. What is piracy at common law, and what power has Congress 

with reference to denning the same ? 

33. How is "felony" denned, and what is said in regard to 

changing this definition when necessary ? 

34. What are the high seas ? 

35. What is treason? 

36. What penalty has Congress attached to this crime ? 



POWERS OF CONGRESS. 1 23 



LESSON XXXI. — POWERS OF CONGRESS, 

Continued. 

The power to establish post offices and post roads is 
given to Congress by the Constitution. Nothing like a 
uniform postal system could have been f. Postal. 
established and carried on had the matter *• Post offices {32). 
been left to the several States. There would have been 
as many different postal systems as there are States. 

Under such a system, or rather such a want of system, 
the burdens must be unequal.. It is far more expensive to 
transport the mails in some parts of the country, mile for 
mile, than in others. Yet it is in a high degree important 
to the whole country that the forest and the prairie be 
subjected to the hand of cultivation. And who will 
become pioneer, if he must be shut out from all communi- 
cation with that world which he has left behind ? 

The general superintendence and direction of the Post 
Office Department is under the care of the postmaster- 
general. He has the establishing of post offices, appoints 
most of the postmasters, and has the letting of the con- 
tracts for carrying the mails. 

Some of the postmasters in the larger offices are 
appointed by the President, by and with the advice and 
consent of the Senate. Formerly postage was at much 
higher rates than now. From the beginning of the postal 
system in this country, down to 1845, the rates of postage 
on a letter weighing half an ounce, or less, ranged from six 
to twenty-five cents, depending on the distance it was 
carried. For each additional half ounce or less, an addi- 
tional postage was charged. 

From 1845 t° I ^5 I tne ra tes of postage were five cents 
for half an ounce or less, if carried less than three hun- 

Short. Civ. Gov.— 9 



124 CIVIL GOVERNMENT. 

dred miles, and ten cents if conveyed over three hundred 
miles. In 185 1 the uniform rate of postage on letters 
not exceeding half an ounce was fixed at three cents, if 
not conveyed over three thousand miles and wholly within 
the United States. In 1870 the three-cent rate was ex- 
tended to include all points within the United States, the 
limit of three thousand miles being removed ; and in 1883 
this rate was further reduced to two cents; while in 1885 
the weight covered by this low rate was increased to one 
ounce. 

For letters sent to foreign countries, various rates have 
been established (higher than these), the rates depending 
on the countries to which the letters are sent. 

In 1790 there were but seventy-five post offices in the 
United States. In 1891 there were upwards of 64,000. 
The aggregate number of miles traveled in carrying the 
mail, in 1790, was 7,365 ; in 1891, more than 327,000,000. 

It is encouraging to know, that, under the cheap postage 
plan with which the American people are now favored, the 
Post Office Department is nearly self-sustaining. 

A post road is a road established as such by authority of 
law, over which the government mails are 

#. Post Roads (32). ' . 

to be regularly carried. 

It has not been necessary, except in a few instances, 
that Congress should exercise their power to establish 
post roads. Generally the roads already opened by the 
inhabitants of the country through which the mails are 
conveyed have been found sufficient. They are regularly 
selected, and declared, however, to be post roads, before 
being used as such. The waters on our rivers and lakes, 
over which travel is public and regular, are, in many in- 
stances, established as post roads in this way. 

The mails are carried by private individuals, or by rail- 
road or steamboat companies, the contract being made 



POWERS OF CONGRESS. 125 

with the postmaster-general in behalf of the United States. 
He advertises for bidders, and lets the contract in each 
case to the lowest responsible bidder. Those who are in 
immediate charge of the mails are sworn to the faithful 
discharge of their duties. 

The Congress shall have power, the Constitution says, 
" To promote the progress of science and useful arts, 
by securing: for limited times, to authors 

J to . . VI, Patent and 

and inventors, the exclusive right to their copy Might (33). 
respective writings and discoveries." 

Under the Confederation, the power did not belong to 
Congress to make provisions for patent and copy rights. 
From the very nature and character of the interest, these 
rights could not be protected by the several States to 
authors and inventors ; for State legislation could not 
afford the necessary protection to authors, as their legis- 
lation could only cover their own respective territorial 
boundaries. 

A copyright may be secured to authors for books, maps, 
charts, musical compositions, cuts and engravings, or for 
any other literary and scientific productions. The copy- 
right extends for twenty-eight years ; and if, at the end of 
that time, the author is still living, he may obtain its exten- 
sion for fourteen years longer ; or, if dead, his living 
representatives may obtain its extension • making, in all, 
forty-two years. 

The expense of securing a copyright is but a trifle, — 
only about a dollar. When procured, it insures to the 
author during its continuance a monopoly of the publica- 
tion and sale of his work. 

Any one desiring to secure a copyright should write to 
the librarian of Congress for a circular of instructions ; 
and he will receive one, without charge, by early mail. 

Patents are issued by the Patent Office at Washington, 



126 CIVIL GOVERNMENT. 

giving the inventor of any new and useful machine, instru- 
ment, manufacture, or composition of matter, or any new 
and useful improvement of them, the monopoly in their 
manufacture and sale for the term of seventeen years. 

This patent right is secured to the inventor by the issue 
of what are called letters patent. To obtain letters patent, 
the applicant must make a distinct specification, giving a 
full and complete description of his invention ; and in 
cases admitting of drawings and models, these must be 
made, and all deposited with the commissioner of patents. 
The Patent Office belongs to the Department of the In- 
terior. 

Letters patent cost the patentee thirty-five dollars, 
fifteen of which must accompany the application. The 
further sum of twenty dollars must be paid on their issue. 
The fifteen dollars that accompany the application will not 
be refunded should letters patent be refused, but will 
be retained to pay for making search through the Patent 
Office to ascertain whether there is not some conflicting 
patent already in existence. 

Circulars may be obtained, without charge, giving full 
information on this subject, by addressing the Patent 
Office, requesting them to be forwarded by mail. 

Questions. 

37. Why should not the postal system be committed to the States? 

38. Why should it be committed to Congress? 

39. Under whose immediate care is the Post Office Department? 

40. How are postmasters appointed? 

41. What were former rates of postage ? 

42. What changes have taken place in them ? 

43. How many post offices in the United States? 

44. What is a post road ? 

45. How are the roads established? 

46. By whom are the mails carried, and how are the contracts let? 



POWERS OF CONGRESS. 1 27 

47. What does the Constitution say about patent and copy rights? 

48. Why might not this subject be left with the several States ? 

49. How long does a copyright continue ? 

50. What is the expense of obtaining it ? 

51. What is a patent right? 

52. What are the steps necessary to secure it? 

53. What is the expense of letters patent? 

54. How long does a patent continue? 



LESSON XXXII. — POWERS OF CONGRESS, 

Continued. 

A declaration of war is a solemn, formal, and delibera- 
tive notice to all the world in general, and 
particularly to the citizens of both nations FJI - War - 

* 1. Declara- 

involved, that hostilities actually exist, or t ion (36). 
are about to commence. 

The power to declare war is one of the ordinary prerog- 
atives of sovereignty. As we have no person in this 
country whom we acknowledge as sovereign, of course 
there is no one who has the authority to declare war. 

In this country the will of the people, when clearly 
known, whether exercised by direct vote or through the 
indirect forms of legislation, is the only sovereign to which 
the American people pay homage. Could that will be 
definitely ascertained without delay, the power to declare 
war should be vested in the people, to be ascertained by 
direct vote. But this is utterly impracticable : hence the 
war power is vested in Congress, that being the represen- 
tative body of the whole nation. 

When a formal and solemn declaration of war has been 
made by Congress, peace can be secured only through the 
negotiations of ambassadors or ministers representing the 
contending powers. After the ministerial or ambassadorial 



x^8 CIVIL GOVERNMENT. 

conference has agreed on the terms of peace, the power to 
accept or reject those terms on the part of the United 
States belongs to the President and Senate. It requires a 
concurrence of two thirds of the senators present to con- 
clude a treaty of peace. 

The power to grant letters of marque and reprisal also 
belongs to Congress. These are sometimes issued by the 

2. Marque and Re- government to prevent the necessity of a 

prisai{36). declaration of war. This may be done 
w r hen the subjects of one nation have been injured or 
oppressed by another nation that refuses to grant indem- 
nity for the injury. 

Letters of marque signify a license from the government 
to pass beyond the limits or jurisdiction of one's own coun- 
try ; and reprisal signifies a taking in return. Letters of 
marque and reprisal are a commission from the government 
authorizing the bearer to pass beyond the boundaries of his 
own country for the purpose of capturing prizes of the 
enemy, consisting of their persons or goods. 

In case it so happens in their conflicts that they are 
taken prisoners, the letters of marque and reprisal from 
their government indicate to the captors that they shall 
be treated as prisoners of war ; and that, in case they 
should be treated otherwise, their government would re- 
taliate. 

But it is necessary that rules should be adopted concern- 
ing captures made, whether on land or water. Congress is 
authorized by the Constitution to make 

3. Captures {36). J . 

these rules, which, when made, become 
laws the same as any other laws ; and, for the purpose of 
enforcing them, courts of admiralty have been established, 
whose business it is to inquire into the legality of the course 
pursued in taking these prizes. 

The remedy for illegal acts of capture is by the institu- 



POWERS OF CONGRESS. 1 29 

tion of proper prize proceedings in the prize courts of the 
captors. 

The other war powers vested in Congress would be ut- 
terly useless without the power to raise and support armies. 

The Constitution says that Congress 

-. . 4. Armies (37). 

shall have power to raise and support 

armies, but that no appropriation of money to that use shall 

be for a longer term than two years. 

The army is created by enlistments under the acts of 
Congress. The enlistment is for five years in the Regular 
Army. Since the civil war, this branch of the military ser- 
vice has numbered about twenty-seven thousand men. 

Congress has the power to provide and maintain a navy. 
The navy consists of the entire number of ships of war, 
considered collectively, belonging to a 

. A " . fe & r 5- Navtj(38). 

nation or people. A navy is necessary for 

the protection of our fisheries, commerce, and navigation. 

We need it not only on the ocean, but also on our lakes 

and on several of our rivers, and this even in time of 

peace. 

But in time of war a navy becomes indispensable to a 
people whose geographical position is like ours. Without 
it, the necessary protection could not be afforded to the 
great commercial cities on our seaboard. Should an invad- 
ing army obtain possession of these, they could demand 
contributions without stint or limit. 

\ Questions. 

55. What is a declaration of war? 

56. What is the sovereign power in this country? 

57. In whom is the power to declare war vested ? 

58. After a declaration of war, how can the terms of peace be 

settled ? 

59. What are letters of marque and reprisal ? 



i3° 



CIVIL GOVERNMENT. 



60. What protection do letters of marque and reprisal afford ? 

61. What power decides on the legality of captures? 

62. Who makes the rules concerning captures, and whose busi- 

ness is it to see that these rules are enforced ? 

63. What is the remedy for illegal captures made either on the 

land or on the water ? 

64. What does the Constitution say about the power to raise and 

support armies? 

65. How is the Regular Army created, and how long is the term 

of enlistment in the same ? 

66. What is the navy, and in whom is the power vested to provide 

and maintain the same ? 

67. What is the necessity of a navy, and when is one indispensa- 

ble to a people whose geographical position is like ours ? 



LESSON XXXIII.— POWERS OF CONGRESS, 

Continued. 

By the Constitution, Congress has power to make rules 
6. ituies.-zand for the government and regulation of the 
and Naval land and naval forces. 
Forces (39). Nothing need be said to indicate the 
policy and necessity of vesting in Congress the power 
to make rules for the government and regulation of the 
land and naval forces. It naturally follows the power 
to raise and support armies, and to provide and maintain 
a navy. 

Congress is authorized by the Constitution " to provide 
for organizing, arming, and disciplining the militia, and for 
7 Miutia. governing such part of them as may be 
(a) General employed in the service of the United 
States, reserving to the States respectively 
the appointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed by 
Congress." 



POWERS OF CONGRESS. 131 

The country could not safely rely solely on its standing 
army for any and every emergency that might arise. The 
Constitution, therefore, gives Congress jurisdiction over 
the militia of the several States, and this power of provid- 
ing for organizing, arming, and disciplining them, as 
incidental to that jurisdiction. 

Congress is authorized also to make provision for gov- 
erning such part of the militia as may be employed in the 
service of the United States. Rigid discipline and gov- 
ernment have always been found necessary in the army, 
whether constituted of regulars or militia. This govern- 
ment must be uniform to be salutary. To be uniform, it 
must emanate from a single source. (&) calling 

There are three purposes for which Con- Forth (40). 
gress may make provision for calling forth the militia : — 

ist, To execute the laws of the Union. 

2d, To suppress insurrections. 

3d, To repel invasions. 

The nation must have the means of maintaining its 
authority at home, as well as of carrying on a foreign 
war. It is not according to the policy of our government 
to maintain a standing army sufficient to answer all of 
these purposes. 

The organization of the militia is maintained at an 
expense comparatively trifling, when the advantages to the 
country are considered. It saves the immense cost of a 
large standing army in time of peace. The standing army 
of the United States numbers at the present time less than 
thirty thousand. The standing armies of the European 
nations are much larger. 

The British army numbers about two hundred thousand 
men ; the Austrian army, about three hundred thousand 
men ; and the Russian army numbers about eight hundred 
thousand men. 



132 CIVIL GOVERNMENT. 

The organization of the militia system in this country 
is preferred for the following reasons : — 

1st, It is far more economical, as it costs but little to 
maintain it in time of peace. 

2d, In time of war, after an experience of a few months 
in the field, they have proved themselves to be orderly and 
courageous to the last degree. 

3d, The militia constitute a standing and reserved force, 
subject to the call of the President of the United States 
under the laws of Congress. 

The laws enacted by Congress define the emergencies 
under which the President of the United States is author- 
ized to bring into action this branch of our service. 

When called into the service of the United States, the 
President of the United States is commander-in-chief of 
the militia of the several States, as well as of the standing 
army of the nation. 

Questions. 

68. According to the Constitution, what power has Congress re- 

garding the government and regulation of the land and 
naval forces ? 

69. What power has Congress over the militia, and why the neces- 

sity of this power ? 

70. For what purposes may Congress provide for calling forth the 

militia? 

71. What are the advantages of the militia system ? 

72. What is the number of our army as compared with some Eu- 

ropean armies ? 

73. Why is the organization of the militia system preferred in this 

country? 



POWERS OF CONGRESS. 133 



LESSON XXXIV. — POWERS OF CONGRESS, 

Conti7iued. 

The Constitution establishes a Supreme Court, but it is 
left with Congress to organize that tribunal. The power 
is vested in Congress to establish tribunals rlII Judiciary . 
inferior to the Supreme Court ; and, as 1 inferior Tri- 

... . r L \_ bunals (34). 

these tribunals constitute a part oi the 
national judiciary, they will be considered in the chapter 
relating to that department of the government. These in- 
ferior tribunals consist of circuit and district courts. 

Congress has the power to determine by law where the 
trials of crimes shall be held which are not committed 
within any State. Crimes committed within #. Tiace of 
any State are to be tried in the State where Trial (7i). 
they are committed, yet they may be committed on the high 
seas, or within the limits of unorganized territories. This 
clause of the Constitution gives Congress the power to 
provide for such cases. 

The appellate jurisdiction of the Supreme Court is sub- 
ject to such exceptions and regulations 3 . Restrictions 
as Congress shall from time to time estab- ^°)- 

lish by law. This power will be noticed in treating of 
the judiciary. 

Naturalization is that legal process by which an alien or 
a foreigner becomes a citizen of the United States. Con- 
gress has exclusive control over this sub- jx. xaturaiiza- 
ject. It can determine the forms and the tion ^ 29 ^- 
necessary steps to be adopted in the process, and the time 
within which it may be completed. 

An alien is one who is born in a foreign country, of 
foreign parentage. Children born in foreign countries. 



134 CIVIL GOVERNMENT. 

of parents who are citizens of the United States absent 
from home on public business, are not aliens. 

Under the Confederation, each State determined for 
itself the conditions on which an alien might become a 
citizen of the United States. Some required a shorter, and 
others a longer, period of time. If New Jersey required 
one year for naturalization, and New York seven, the 
shortest way to become a citizen of New York would be 
through naturalization in New Jersey ; for a citizen of any 
State was a citizen of any other State in which he might 
become a resident. 

Congress, having control of this subject under the Con- 
stitution, passed a law, in 1790, requiring two years ; in 
1795, five years; in 1798, fourteen years; and in 1802 
that law was passed, which has been in force ever since, 
requiring five years to complete the process of naturaliza- 
tion. 

A soldier, having served one year in the United States 
Army, and having obtained an honorable discharge, may 
become a citizen of the United States on making oath to 
these facts, and taking the oath of allegiance to our govern- 
ment. 

With the above exception, five years is the shortest pos- 
sible time for naturalization. At least two years before final 
admission, the alien must make formal declaration of his in- 
tention to become a citizen. This he can do in any court 
having jurisdiction of the subject-matter. 

Two years from the time of declaring his intention, he 
must again appear in court, take the oath of allegiance in 
the proper form, on which he is admitted to full citizenship. 
If this oath were administered in the county of Monroe, 
State of New York, to Thomas S. Wilson, an Englishman, 
on the eleventh day of June, 1892, it would be substantially 
as follows. 



POWERS OF CONGRESS 



Form of Oath. 



*3S 



I> Thomas S. Wilson, do solemnly swear that I will sup- 
port the Constitution of the United States ; and that I hereby 
renounce and abjure all allegiance and fidelity to every foreign 
prince, potentate, state, and sovereignty vhatever, and particu- 
larly to the Queen of England, of whom I a'n a subject. So help 
me, God. 

Thomas S. Wilson. 

Sworn to in open court, this eleventh day <-f June, 1892, before 
me, 

Charles J. Powers, 

Clerk of Monroe County. 

When a foreigner becomes naturalized, h's children under 
twenty-one years of age, if residents of the United States at 
the time, become citizens without further formality. If a 
foreigner makes his declaration of intention to become a 
citizen of the United States, and dies befDre the time to 
become naturalized, his wife and children may become citi- 
zens of the United States at that time, on talking the neces- 
sary oath. 

Questions. 

74. What power has Congress over the courts ? 

75. What power has Congress over places of trial ? 

76. What is naturalization ? 

77. What power has Congress over this subject ? 

78. What is an alien? 

79. How lcng does it take an alien to become a naturalized citizen 

of the United States ? 

80. What is the process of naturalization, and what is the shortest 

possible time in which it may be completed ? 

81. How does naturalization affect other persons of the same 

family ? 



136 ^IVIL GOVERNMENT. 



LESSON XXXV. — POWERS OF CONGRESS, 

Continued. 

Ownership of territory by any government implies the 
right to govern it, and the right to govern implies the right 

x. Territory, to niake all needful rules and regulations 
1. Government for that purpose. Hence this provision of 
(79). the Constitution : "The Congress shall 

have power to dispose of and make all needful rules and 
regulations respecting the territory, or other property, be- 
longing to the United States." 

Since the close of the revolutionary war the General 
Government has acquired, by one means and another, a 
vast extent of territory beyond the limits of the original 
States. 

First, by the liberality of the States owning it, the 
General Govern/nent acquired that immense region known 
as the Northwet;ern Territory. This was before the adop- 
tion of the Constitution. 

Second, we acquired of France the Louisiana territory. 

Third, we purchased Florida of Spain. 

Fourth, we acquired Texas. 

Fifth, we obtained California ot Mexico. 

Sixth, we purchased Alaska of the Russian Government. 

The extent o^ our territory now is over three times what 
it was at the adoption of the Constitution. It is about 
3,600,000 square miles. It is the duty of Congress to 
adopt the necessary rules and measures to govern this vast 
territory until such time as, by the increase of its popula- 
tion, it shall be divided and erected into independent 
States, and admitted into the Union. 

9. seat of Govern- The constitutional provision gives Con- 
ment (42). gress the power 

" To exercise exclusive legislation in all cases whatsoever, 



POWERS OF CONGRESS. 137 

over such district, not exceeding ten miles square, as may, 
by cession of particular States and the acceptance of Con- 
gress, become the seat of the government of the United 
States." 

Under this clause, Judge Story says, the cession of the 
present District of Columbia was made by the States of 
Maryland and Virginia to the National Government ; and 
the present seat of the National Government was estab- 
lished at the city of Washington in 1800. That convenient 
spot was selected for this very purpose by the exalted 
patriot whose name it bears. . 

The District of Columbia was a tract of land ten miles 
square, belonging partly to Maryland and partly to Vir- 
ginia. That part of it obtained from Virginia was re-ceded 
to that State in 1846, so that now the District is confined 
to the Maryland side of the Potomac. 

Before the year 1800 the seat of government had been 
temporarily established at Philadelphia, Baltimore, Lan- 
caster, and several other places. On account of the fre- 
quent changes, the public suffered great inconvenience. 

The Congress has the same authority, by the Constitu- 
tion, "over all places purchased by consent of the Legis- 
latures of the States in which the same s. public works 
shall be, for the erection of forts, maga- (*£). 

zines, arsenals, dock-yards, and other needful build- 
ings." 

Two steps are necessary to obtain a site for any of the 
foregoing purposes, — first, the consent of Congress ; and> 
second, the consent of the Legislature of the State in 
which the proposed site is. When the cession is made, 
the government comes into full possession, and then 
Congress may exercise over such place exclusive legisla- 
tion. 

Unless the State of which such purchase is made re- 



138 CIVIL GOVERNMENT. 

serves the right, no legal State authority can be exercised 
in such places, even to the serving of writs of any kind, 
civil or criminal. But States usually make such reserva- 
tions, but for which these places might become retreats 
and asylums for fugitives from justice who may be guilty 
of crimes against State authority. Almost every State 
has more or less of these places within its limits subject 
to the jurisdiction of national authority. 

The power to dispose of the territory belonging to the 
United States has been discussed in another 

4. Alienation (79). 

place, and therefore need not be repeated 
here (see Townsend's Analysis of Civil Government). 

" New States may be admitted by the Congress into this 
Union." Under the Confederation, Canada might have 
5. New been admitted by " acceding to the Union, 
states (78). an( j joining i n the measures of the United 
States ; " but the admission of any other British province 
would have required the consent of nine States, and they 
never made application. No power except that just speci- 
fied was given to Congress in the Articles of Confederation 
to admit States into the Union. 

As there were immense tracts of vacant territory lying 
within the chartered limits of several of the States, the 
omission to confer this power on Congress was doubtless 
an oversight. 

This was a serious omission, as the events of our history 
since the adoption of the Constitution have proved. By 
the liberality of the States owning this territory, it was 
early ceded to, and became the common property of, the 
United States. These State cessions began with New 
York in the year 1781, followed by Virginia, Massachu- 
setts, Connecticut, South Carolina, and North Carolina, 
at various dates, and closing with Georgia in the year 
1802. 



POWERS OF CONGRESS. 139 

Since that time, as already stated in another place in 
this work, we have, by purchase and treaty, added im- 
mensely to the territory of the United States. 

It was foreseen by the authors of the Constitution that 
this power to admit new States into the Union would soon 
become necessary, and it was accordingly vested in Con- 
gress. Under this provision, thirty-one States have been 
added to the American Union, while we have territory 
lying outside of the limits of the States sufficient to con- 
stitute twenty more of the size of New York. 

Questions. 

82. What does the ownership of territory by any government 

imply? 

83. What territory did our government acquire before the adop- 

tion of the Constitution ? 

84. What other territory has the General Government acquired 

since the close of the revolutionary war ? 

85. What is the present extent of our territory, and how much has 

it increased since the adoption of the Constitution? 

86. What is the duty of Congress with reference to this vast terri- 

tory ? 

87. What power does the Constitution give Congress over the 

District of Columbia ? 

88. Over what other places has Congress like authority ? 

89. How can these be obtained ? 

90. What reservations do States usually make over these places, 

and why ? 

91. What provisions did the Confederation make in regard to the 

admission of provinces or new States? 

92. At what dates did several of the States make cessions of 

territory to the United States ? 

93. How is the necessity of this power shown? 



Short. Civ. Gov— 10 



140 CIVIL GOVERNMENT. 



LESSON XXXVI. — POWERS OF CONGRESS, 

Continued, 

It is left with the States to fix the times, places, and 

manner of holding their elections of senators and rep- 

xi states resentatives in Congress ; but, should they 

1. Elections, neglect to do this, Congress has jurisdic- 
(a) Members of tion over the whole subject, except as to 
the places of choosing senators. 

Each State can consult its own local convenience with 
regard to these elections ; but it has no right to wholly 
neglect making the necessary provisions for holding them. 
Should it do so, and should other States follow the bad 
example, it is manifest that the affairs of government 
might suffer serious embarrassment, but for the provision 
giving Congress jurisdiction over the subject. It would 
be equivalent to a withdrawal of their representation from 
the national councils. This would be a violation of a 
fundamental principle of every sovereignty, which is an 
inherent right to provide for the perpetuity of its own 
existence. 

The power here given to Congress is simply discretionary, 
not mandatory ; and such a power must be vested some- 
where. It is primarily with the States, but ultimately with 
the National Legislature. 

Congress has provided for the election of members of 
the House of Representatives by congressional districts, 
and the day of their election is the same throughout the 
United States. 

Congress has also exercised supervision to a limited 
extent over the manner of electing senators. 

The Constitution says, " The Congress may determine 
the time of choosing the electors, and the day on which 



POWERS OF CONGRESS. 141 

they shall give their votes, which day shall be the same 
throughout the United States." m Presidential 

Jan. 23, 1845, Congress passed an act Electors (58). 
specifying that electors should be elected the Tuesday next 
after the first Monday in the month of November of the 
year in which they are to be chosen. 

The second Monday in January after their election is, 
by law of Congress, the day fixed on which the electors 
shall give their votes. Each State fixes by law the place 
where these votes shall be given, and they have generally 
designated the State Capitol. 

The Constitution says with reference to State records, 
" Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceed- 

J 2. State Records. 

ings of every other State ; and the Con- 
gress may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, and 
the effect thereof." 

Under a clause of the Constitution, when a judgment 
is rendered by any State court in proper form, from which 
no appeal has been taken to any higher (a ) Method of 
court within the time allowed for appeals, Proving (74). 
that judgment is conclusive ever after, between the parties 
to it, as to the matters in controversy. That judgment 
will be received in evidence when offered in any other court 
within the limits of the State within which it was rendered. 

Under this power, Congress has passed laws defining 
the manner in which they shall be authenticated, and the 
effect to be given to their authenticity. 

Congress has declared that they shall have such faith 
given to them in every court within the ^ Effect of 
United States as they have by law or usage Proof (74). 
in the courts of the State from which the records are taken. 

The effect, therefore, of the proof is this : that a judg- 



142 CIVIL GOVERNMENT. 

ment obtained in a court of competent jurisdiction in one 
State is valid in every other State in the Union. 

By the Constitution, States are prohibited from laying 
3. imposts and any imposts or duties on imports or exports 

Duties (53). without the consent of Congress, except 
what may be necessary for the execution of their inspec- 
tion laws. 

If States should attempt to lay burdensome inspection 
duties, Congress has the power to pass acts of revision, 
and, in case it becomes necessary, to control the whole 
subject. 

The subject of imposts and duties, we have seen, is 
exclusively under the control of Congress; and, should a 
State attempt by some indirect method to lay duties or 
imposts, Congress has the higher right to control and 
revise its legislation. 

If the office of President of the United States is vacated, 

by death or otherwise, the powers and duties of that office 

xn. Executive devolve on the Vice-President ; but it is 

racanctj (60). possible that both the President and Vice- 
President might be removed from office, and the Constitu- 
tion therefore provides for such a possibility in the follow- 
ing language : — 

"The Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then 
act as President; and such officer shall act accordingly 
until the disability be removed or a President shall be 
elected." 

Under this provision of the Constitution, Congress has 
provided by law that the secretary of state, and after him 
the heads of the other executive departments in a specified 
order, shall succeed to the duties of the President until 
the disability be removed or a President shall be elected ; 



POWERS OF CONGRESS. 1 43 

but such officer must be constitutionally eligible to the 
presidency, and not under impeachment. 

Questions. 

94. What power has Congress over State elections of members? 

95. What is the duty of States as to these elections? 

96. How has Congress provided for the election of representatives ? 

97. What authority has Congress over the election of presidential 

electors ? 

98. When must electors be elected, and when give their votes ? 

99. What does the Constitution say of State records ? 

100. What laws has Congress passed on this subject? 

101. What is the effect of judgments ? 

102. What power has Congress over the laws of States in regard to 

imposts and duties? 

103. What power has Congress over the power of Executive va- 

cancy ? 

104. What law has Congress passed on the subject ? 



LESSON XXXVII. -POWERS OF CONGRESS, 

Co?itinued. 

The Constitution says, "The Congress may by law 
vest the appointment of such inferior offi- xiii. Appoint- 
cers as they think proper in the President me»ts {64). 
alone, in the courts of law, or in the heads of departments." 

These appointments are restricted to inferior officers. 
The Constitution does not say who are such : it is there- 
fore left to Congress to define this class. Neither the 
heads of departments, nor the judges of courts, nor am- 
bassadors to foreign countries, are inferior officers. They 
doubtless include clerks of departments, clerks of court, 
and some other officers. 

Congress has no power to alter or amend the Constitu- 



144 CIVIL GOVERNMENT. 

tion ; but they can take the initiatory steps. They can 

xir. constitu- submit propositions to the States for this 

tionai Amend- purpose whenever, in the estimation of two 

ten ' thirds of the members of both Houses, 

amendments become necessary. 

If two thirds of both Houses deem it necessary that any 
amendments should be made to the Constitution, the 
amendment proposed is drawn out in due form under the 
direction of Congress, and proposed to the Legislatures of 
the several States for their ratification or rejection • or the 
proposed amendments may be submitted to State conven- 
tions called for that purpose. 

Or on the application of the Legislatures of two thirds 
of the several States, made to Congress, it is the duty of 
that body to call a convention whose business it shall be 
to propose amendments. 

It is further the duty of Congress, by whichever body 
the amendments shall be proposed, to declare whether 
they shall be submitted to State Legislatures or to State 
conventions. 

When these new amendments are ratified by the Legis- 
latures of three fourths of the States, or by conventions 
in three fourths thereof, they become, to all intents and 
purposes, part of the Constitution. 

Thus far, fifteen articles of amendment have been adopted. 
These have all originated with Congress, and have been 
ratified by State Legislatures. 

The Constitution, as it came from the hands of its 

authors in 1787, recognized slavery as a State institution. 

xr. slavery (44), True, the word "slave," or " slavery," is 

(97). no t i n tne instrument. These words were 

carefully and intentionally omitted. 

In the Thirteenth Article of Amendment the word 
" slavery " appears for the first time in the Constitution, and 



POWERS OF CONGRESS. 1 45 

that article abolishes the institution throughout the United 
States and their Territories. 

This amendment gives Congress legislative authority 
over the subject. As four or five millions of men, women, 
and children were suddenly transferred from slavery to 
freedom, it was presumed that national legislation would 
become necessary to protect them in their new condition. 
Congress has already exercised this power in the passage 
of several statutes on the subject. 

Questions. 

105. In whom may Congress vest the appointment of inferior 

officers ? 

106. What power has Congress over constitutional amendments? 

107. When and how may it be exercised ? 

108. How many amendments have been adopted ? 

log. Where, and for what purpose, does the word " slavery " appear 
in the Constitution? 



LESSON XXXVIII.— POWERS OF CONGRESS, 

Continued. 

By the forty-third paragraph of the Constitution as num- 
bered in this work, which it is not necessary to repeat here, 
it will be seen that the whole subject of xri. General 
lawmaking, for the purpose of carrying ^«^^«^ n ^(^). 
into effect the provisions of the Constitution, is vested in 
Congress. 

As it is impossible to specify in the fundamental law of 
a nation all the powers which at some time it may be 
indispensably necessary to exercise for the common good, 
this provision seems to be among the wisest to be found 
in the Constitution. 



146 CIVIL GOVERNMENT. 

Had the attempt been made to enumerate affirmatively 
all laws necessary and proper which Congress might pass, 
it must have resulted in failure. 

An eminent jurist says it would have rendered necessary 
a complete digest of all laws on every subject to which 
the Constitution relates. It must have embraced all future 
as well as all present exigencies, and been accommodated 
to all times and all occasions, and all changes of situation 
and character. 

The Constitution says, " The Congress shall assemble 

XVII. Frequency at leaSt ° nce in evei 7 Y ear > and SUch 

and Time of meeting shall be on the first Monday in 
*ng ). D ecem b er> unless they shall by law ap- 
point a different day." 

On extraordinary occasions the President of the United 
States may convene either or both Houses of Congress ; 
but a bad President might desire to have no Congress 
during his administration. In such case, there would be 
a practical demonstration of the necessity of the foregoing 
provision. 

Again : it seems necessary that the Constitution should 
contain some such provision, as otherwise the two Houses 
of Congress might not agree in reference to the time of 
assembling. By this provision, if they cannot agree on 
any other time, they must meet on the first Monday in 
December. 

The place of meeting is not designated, and probably 
for two reasons : first, the seat of the National Government 
had not been established at the time when the Constitution 
was formed'; and, second, war or pestilence might at times 
interfere with the meeting at any place that might be 
named in the Constitution. 

In England the sovereign convenes and dissolves Par- 
liament at pleasure. 



POWERS OF CONGRESS. 1 47 



Questions. 

no. What power does the forty-third paragraph of the Constitution 

give to Congress over general lawmaking ? 
in. How often and when must Congress meet ? 

112. Why was it necessary that the Constitution should specify a 

time of meeting? 

113. Why is not the place of meeting named ? 



BLACKBOARD EXERCISE. 



Lawmaking. 




First Process. 




i. Action in Congress 


. (*4) 


2. Delivery to Executive 


. . (&*) 


3. Executive Signature . 


. . (**) 


Second Process. 




1. Action in Congress 


■ • (*4) 


2. Delivery to Executive 


• • (*4) 


3. Executive Veto . 


. • («*) 


4. Record of Veto 


. • (**) 


5. Reconsideration . 


. • (**) 


6. Approval by Congress 


• • (U) 


7. Method of Voting 


• • («4) 


8. Record of Votes 


. . (H) 


Third Process. 




1. Action in Congress . 


• • («*) 


2. Delivery to Executive . 


• iH) 


3. Executive Neglect . 


• • (*4) 


4. iy?&tf 0/* Neglect 


• (U) 


Orders, Resolutions, and Votes. 




1. Action in Congress 


. («5) 


2. Delivery to Executive 


• • (**) 


3. Executive Veto . 


. («5) 


4. Subsequent Action . 


. . («ff) 



148 



CHAPTER XI II. 

LESSON XXXIX. — LAWMAKING. 



By reference to Paragraph (24) of the Constitution, it 
will be seen that a bill may become a law through any one 
of the three following processes : — 

First Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he approve, he shall sign it. 

Second Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he disapprove it, he shall return it, with his objec- 
tions, to that House in which it originated. 

4. That House shall enter objections at large on their 
journal. 

5. They shall proceed to reconsider it; and if, after 
such reconsideration, two thirds of the House shall agree 
to pass it, it shall be sent, with the objections, to the other 
House. 

„ 6. The other House shall reconsider the bill : and, if 
approved, by two thirds of that House, it shall become a 
law. *f 

149 



ISO CIVIL GOVERNMENT. 

7. The votes of both Houses shall be determined by the 
yeas and nays in all such cases. 

8. The names of the persons voting for and against the 
bill shall be entered on the journal of each House respec- 
tively. 

Third Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be sent to the President. 

3. He neglects to approve or return it. 

4. It becomes a law at the end of ten days (Sundays 
excepted), unless Congress, by adjournment within that 
time, prevent its return. 

A bill is the draught of a proposed law. It is usually, 
though not always, introduced by the chairman of the 
committee who properly has the subject-matter of the 
bill in charge. As to what committee will introduce it 
depends on the character of the bill. If it relate to com- 
merce, the Committee on Commerce would be the proper 
one to originate and introduce it. A bill may be amended 
by either House ; but, if amended by one House after having 
passed the other, it must be returned, with the amendment, 
to the House it had before passed, for their concurrence. 

After it has passed both Houses, it is sent to the Presi- 
dent of the United States for his approval and signature. 
He cannot make or propose amendments. 

At any time during the pendency of a bill, amendments 
to it may be proposed, and passed, by either House. 

A bill in Congress must receive three several readings 
before it is put upon its final passage. No bill can be read 
more than once on the same day without the special per- 
mission of the House. The vote is taken on its third 
reading. The arguments for and against the bill, if any, 



LAWMAKING. 151 

are made before its third reading, or between its third 
reading and the taking of the vote. 

The second process of lawmaking is the one in which 
the President's veto, as it is commonly called, is interposed. 
To become a law in opposition to the President's objections 
requires a vote by yeas and nays of two thirds of each 
House. So the President's veto is only qualified, not abso- 
lute. 

This executive power may operate, and indeed it has 
sometimes, as a salutary check on hasty legislation. The 
Executive, not having participated in the rivalry of debate, 
and being quietly retired, from the scenes of political 
strife, may be presumed to be better qualified to pronounce 
correct judgment than those who were active in the contest. 

The third process of lawmaking differs from the other 
two, simply through the inaction of the President. If he 
neglect to sign and return the bill for ten days, Sundays 
excepted, it becomes a law as though it were signed by 
him ; unless the Congress, by their adjournment, prevent 
its return, in which case it fails to become a law. 

Orders, Resolutions, and Votes. 

The Constitution says, " Every order, resolution, or vote 
to which the concurrence of the Senate and House of Rep- 
resentatives may be necessary (except on a question of 
adjournment) shall be presented to the President of the 
United States, and, before the same shall take effect, shall 
be approved by him, or, being disapproved by him, shall 
be re-passed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations pre- 
scribed in the case of a bill." 

Were it not for this provision, Congress might exert their 
power in the form of orders, resolutions, or votes, thus pre- 
venting the President from interposing his veto. They 



152 CIVIL GOVERNMENT. 

could thus substantially legislate in these forms without 
the sanction of the Executive, and without the necessity of 
a vote of two thirds of each House. 

Questions. 

i. What is the first process of lawmaking ? 

2. What is the second process of lawmaking? 

3. What is the third process? 

4. What is a bill ? 

5. By whom is it generally introduced ? 

6. What is said about amendments? 

7. What is done with the bill after it has passed both Houses ? 

8. What may be done during the pendency of a bill ? 

9. What is said about the readings of a bill ? 

10. What is said about the President's veto ? 

11. What may be the effect of the veto power? 

12. Why is the President the best judge? 

13. How does the third process of lawmaking differ from the first 

two? 

14. What does the Constitution say about orders, resolutions, votes? 

15. But for this provision, what might Congress do? 



BLACKBOARD EXERCISE. 



Prohibitions on the United States. 

I. Habeas Corpus. 

i. Rebellion ...... (45) 

2. Invasion ...... (45) 

II. Export Duties ...... (48) 

III. Interstate Commerce ..... (^P) 

IV. Public Money. 

i. Drawing ...... (50) 

2. Published Statement .... (50) 

3. iw- Armies (#7) 

V. iVfc«ff(y (51) 

VI. Penalties. 

1. Bill of Attainder .... (^) 

2. Ex post facto law ..... (4#) 

3. Attainder of Treason .... (7$) 
VII. /wth&w s&stf 7>™& .... (i£), (£1) 

VIII. Repudiation. 

1. Eor bidden. 

(a) Land-claims . . . . (7$) 

(b) Contracts (£#) 

(c) J^WzV Zte# .... (iOi) 

2. Enjoined ..... (-^-0 
IX. Freedom. 

1. Religious ...... (#6>) 

2. OW/ (£0) 



153 



CHAPTER XI V. 

LESSON XL. —PROHIBITIONS ON THE UNITED 
STATES. 



The Constitution says, "The privilege of the writ of 

habeas corpus shall not be suspended, unless when, in cases 

of rebellion or invasion, the public safety 

I. Habeas Corpus. . . 

may require it. 

The writ of habeas corpus is a writ of relief. A person 
may be wrongfully imprisoned before he is tried on the 
crime with which he is charged. He may be innocent or 
guilty; but, in either case, it may happen that he is re- 
strained without the proper forms of law, and without 
sufficient legal authority. 

This is a kind of intermediate writ or proceeding, under 
which the lawfulness of his imprisonment may be tested, 
between the moment of the prisoner's arrest and the time 
of final trial. Proceedings under this writ are not for the 
purpose of determining upon the guilt or innocence of the 
accused, but they are for the purpose of settling whether 
he is properly or improperly held for trial. 

Persons are sometimes unlawfully restrained of their 
liberty, though charged with no crime whatever ; as, im- 
properly holding a child in custody, or locking a person in 
a room. 

The privilege of this writ is the birthright of every 
American citizen. It is a kind of writ of inquiry ; and it 

1 54 



PROHIBITIONS ON THE UNITED STATES, 155 

is the duty of every court of competent jurisdiction to 
issue it, on proper application. The only exceptions to 
this statement are those specified in the foregoing clause 
of the Constitution. 

If the court, on inquiry, decides that the prisoner is 
properly restrained, he is remanded to imprisonment ; but 
if the prisoner is improperly restrained, the court sets him 
at liberty. 

Rebellion here means open, active hostility, and defiant 
opposition to the government. It is an uprising of a con- 
siderable portion of the citizens of a coun- 

1. Rebellion (45). 

try against its authority. In cases of re- 
bellion or invasion, it may be necessary to temporarily 
suspend the privilege of this writ. In such an emergency 
oftentimes the government knows not whom to trust. 
There may be well-known leaders of organized opposition, 
whose every act may be so veiled in secrecy as to defy de- 
tection. Clear and tangible proof of their guilt, perhaps, 
cannot be obtained, yet they are as well known to be se- 
cretly and earnestly opposed to the war measures of the 
government as though their hostility were of a more open 
and public character. If, on the arrest of such public en- 
emies, they could avail themselves of the writ of habeas 
corpus, it might defeat the very ends of justice, and render 
the government unable to protect itself. 

The power of suspension of the privilege of this writ 
was vested by Congress in the President of the United 
States during the civil war from 1861 to 1865. 

Invasion, as used in the Constitution, means the entry 
of a hostile force of a foreign nation into our territory. 
Under such a condition of things, the sus- 

2. Invasion (45). 

pension of the privilege of this writ may 

be as necessary to the welfare of the government as in cases 

of rebellion. 

Short Civ. Gov.— 11. 



156 CIVIL GOVERNMENT. 

The Constitution says, " No tax or duty shall be laid on 
11. Export articles exported from any State." 

Duties (48). The intention of this prohibition is to 

prevent taxing the interests of any State to fts detriment, 
and giving undue advantages to others. The productions 
of some of the States are very different from those of 
others ; and, were export duties allowed to be enforced, 
the burden of taxation would be as unequal as the exports. 
It would be impossible to so adjust export duties, were 
they allowed, as to distribute the burdens equally. 

Questions. 

1. Recite the forty-fifth paragraph of the Constitution. 

2. Give a full explanation of a writ of habeas corpus. 

3. Under this writ, what is done by the court if the prisoner is 

improperly restrained ? 

4. What if properly restrained? 

5. What is rebellion ? 

6. When and why may the privilege of this writ be suspended ? 

7. Who may suspend the privileges of this writ? 

8. What does invasion here signify ? 

9. What does the Constitution say about export duties? 

10. What is the intention of this prohibition ? 

11. What is said about State productions? 



LESSON XLL — PROHIBITIONS, Continued. 

The Constitution says, " No preference shall be given, 

in. interstate by any regulation of commerce or revenue, 

commerce (49). to t h e p0 rts of one State over those of 

another; nor shall vessels bound to or from one State be 

obliged to enter, clear, or pay duties in another/' 

Although the power to regulate commerce among the 
States is vested in Congress, yet that power is coupled 
with these Constitutional prohibitions : no preference shall 



PROHIBITIONS ON THE UNITED STATES. 1 57 

be given to the ports of one State over another ; nor 
shall entrance or clearance fees, or the payment of duties, 
be required in an intermediate State while vessels are 
passing from one State to another. 

A vessel bound to Philadelphia from Liverpool, in pass- 
ing Boston or New York, cannot be compelled to enter, 
clear, or pay duties in either of the last two ports named. 
The duties must be paid in Philadelphia, the port to which 
the vessel is bound. 

The Constitution says, " No money shall be drawn from 
the treasury but in consequence of appro- jr. Public 
priations made by law ; and a regular Money. 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time." 

" No appropriation of money to that use (to raise and 
support armies) shall be for a longer term than two years. " 

The object of this provision is to secure strict faithful- 
ness in the public expenditures. Neither the Executive, 
nor the judiciary, nor the heads of depart- 

J •" _ r ^ 1. Drawing (50). 

ments, nor even members of Congress 

themselves, can draw a dollar of the public money except 

by appropriations made by law. 

This provision puts a salutary check on the possible 
profusion and extravagance of the National Legislature. 
The people have the right to know how, 2. Published 
and for what purposes, their money is ex- statement (50). 
pended. The heads of the departments must make an 
annual exhibit of their transactions respectively. 

The fear that the army might possibly become a power 
too formidable to be consistent with the rights and liberties 
of the people led to this constitutional lim- 3. For Armies. 
itation of army appropriations. Lest Con- ^ 57)< 

gress may be extravagant in this direction, or the adminis- 
tration acquire too much power over the army, they are 



158 CIVIL GOVERNMENT. 

forbidden to make appropriations extending beyond the 
period of two years. 

A Congress lasts for but two years ; and, should they be 
profuse in their appropriations of army money, the people 
will be likely to correct the error in their election of the 
succeeding Congress. 

The Constitution says, " No title of nobility shall be 
granted by the United States." 

The government instituted in this country at the close of 

the revolutionary war, and which took definite form in the 

Constitution of the United States, was in- 

V. Nobility {51). 

tended to be characterized for republican 
simplicity. The theory of our institutions is, all citizens are 
equal before the law. Orders of nobility are forbidden in 
accordance with this theory. 

The Constitution says, " No bill of attainder or ex post 
facto law shall be passed." 

A bill of attainder, which is here forbidden, is a phrase 

borrowed from England. It is a special act of the legis- 

vi renames. ^ atlve body, inflicting capital punishment 

1. Bin of At- on a person for high crimes, without having 

tainder (46). been firgt conyicted before a court of law# 

This kind of proceeding was very common in England two 
or three hundred years ago. 

A person against whom such an act was passed was said 
to be attainted and outlawed. The victim's blood became 
so corrupted, that he could neither inherit anything from 
his ancestry, nor transmit by hereditary descent to his heirs. 
All his property, real and personal, was forfeited to the 
crown. 

An ex post facto law is one that is retroactive, and which 

2. Ex post facto makes an act criminal which was not crim- 

Zaw (46). j na i w hen committed ; or it increases the 

severity of the punishment which attached to the crime when 



PROHIBITIONS ON THE UNITED STATES. 1 59 

it was committed. Both the United States and the several 
States are forbidden by the Constitution to pass such a 
law. 

The Constitution says, " No attainder of treason shall 
work corruption of blood, or forfeiture, 

. . 1 i-r r 1 #• Attainder of 

except during the life of the person at- Treason (73). 
tainted. " 

Treason is defined by the Constitution ; but its punish- 
ment, by Congress. But this clause of the Constitution 
defines what penalties shall not attach to this crime. By 
the laws of England, treason was punishable by death in 
many horrid forms ; but the penalty was not limited to the 
death of the victim. By fiction of law, his blood became 
so corrupted that all powers of transmission of property to 
his kindred were destroyed. But our Constitution forbids 
the punishment of the innocent for the crimes of the 
guilty. 

In affirmance of this clause of the Constitution, Con- 
gress has passed laws strictly limiting the punishment to 
the party convicted, so that in no legal sense can it reach 
his posterity. 



Questions. 

12. What does the forty-ninth paragraph of the Constitution 

say ? 

13. What is said concerning the payment of duties at interme- 

diate ports ? 

14. What restrictions does the Constitution impose in regard to 

the disbursement of public money? 

15. What is the object of this provision? 

16. What is said in regard to published statements? 

17. By whom are the statements published ? 

18. What is said in relation to the appropriations by Congress 

for armies ? 



l6o CIVIL GOVERNMENT. 

19. Why is the appropriation of money limited to a term of 

two years ? 

20. What does the Constitution say in relation to titles of no- 

bility? 

21. What is the theory of our government concerning titles of 

nobility? 

22. What is said concerning bills of attainder and ex post facto 

laws? 

23. What are they? 

24. What was the consequence of a bill of attainder in Eng- 

land ? 

25. What does the Constitution say in regard to attainder of 

treason ? 

26. Who declares the punishment for treason ? 



LESSON XLIL — PROHIBITIONS, Continued. 

As slavery and the slave trade are entirely abolished, the 
clauses of the original Constitution relating to the slave 

rn Foreign trac le have long since become obsolete. 

stave Trade They are inserted here merely as matter 
' of history, and not as of present binding 

obligation. The following are the only clauses that refer 
to this subject- "The migration or importation of such 
persons as any of the States now existing shall think proper 
to admit shall not be' prohibited by the Congress prior to 
the year one thousand eight hundred and eight ; but a tax 
or duty may be imposed on such importation, not exceeding 
ten dollars for each person." 

There is another clause in Article V. of the Constitution 
which prohibits any amendment to the foregoing clause 
prior to the year one thousand eight hundred and eight. 
The student will find it in the eighty-first paragraph. After 
prescribing the manner in which the Constitution may be 
amended, it contains the following restriction, which refers 
to the clause just given in full. 



PROHIBITIONS ON THE UNITED STATES. l6l 

" Provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in 
the ninth section of the first article. " 

The word! " persons " in the first foregoing quotation 
from the Constitution is but another word for " slaves. " 
At the time I of the adoption of the Constitution, slaves 
were held by authority of law in every State excepting 
Massachusetts ; and the slave trade, that is, importing 
negroes from Africa, w T as sanctioned by all, or nearly all, 
the nations of Christendom. 

But towards the close of the eighteenth century the slave 
trade began to excite a spirit of disapprobation ; and the 
conviction fastened itself on the consciences of men, that 
this traffic in human beings was repugnant to the princi- 
ples of Christian obligation. Many of the great and good 
men who formed the Constitution of the United States 
shared in this conviction. 

Hence the foundation was laid in our Constitution, in 
the clause just given, by which the legality of the African 
slave trade was to end in this country with the dawn of 
the year 1808. 

By Act of March 2, 1807, Congress prohibited, under 
severe penalties, the importation of slaves into the United 
States from and after Jan. 1, 1808. In 1818 another act 
was passed, making the penalties more severe ; and in 
1820 Congress defined the slave trade to be piracy, and 
attached to it the penalty of death. 

On the 18th of December, 1865, William H. Seward, sec- 
retary of state, officially announced to the country that the 
Thirteenth Article of Amendment had been ratified by the 
Legislatures of three fourths of the several States, and had 
become, to all intents and purposes, a part of the Constitu- 
tion of the United States. 



1 62 CIVIL GOVERNMENT, 

By that article, slavery was abolished throughout the 
United States, and in all places subject to their jurisdic- 
tion. 

Questions. 

27. What is said about slavery and the slave trade » 

28. In what year was the slave trade abolished by Congress, 

and what penalty was attached to it by Congress in the 
year 1820? 

29. When was slavery abolished in the United States and in places 

subject to their jurisdiction? 



LESSON XLIIL— PROHIBITIONS, Continued. 

The following is found in Paragraph (79) of the Consti- 
tution : " Nothing in this Constitution shall be so construed 
viii. Repudia- as to prejudice any claims of the United 
Hon. States or of any particular State." 

1. Forbidden. _ . . 

(a) land claims This is a part of a clause in which the 
C? 9 )' authority is given to Congress to dispose 

of territory belonging to the United States. This provision 
relates to conflicting claims and unsettled titles to some 
parts of the Western Territory. The intention of this 
clause is to give assurance that the adoption of the Consti- 
tution of the United States shall in no way affect the 
validity of any claims to these lands, but that the rights 
of parties interested shall be the same as they were under 
the Confederation. 

On the matter of repudiating contracts existing under 

the Confederation, the language of the Constitution is thus : 

(6) Contracts " All debts contracted, and engagements 

(? 9 )' entered into, before the adoption of this 

Constitution, shall be as valid against the United States, 

under this Constitution, as under the Confederation." 



PROHIBITIONS ON THE UNITED STATES. 1 63 

This clause is intended to give assurance to the creditors 
of the proposed new government that all just claims against 
the Confederation will be recognized and liquidated under 
the Constitution. 

This is in accordance with well-settled law, binding on 
all nations, notwithstanding any changes in their forms of 
government. 

The Constitution says, " The validity of the public debt 
of the United States authorized by law, including debts 
incurred for payment of pensions and boun- 

r • . (c) Public Debt 

ties for services in suppressing insurrection y (1Q1 . 
and rebellion, shall not be questioned. n 

The Constitution says, " Neither the United States, nor 
any State, shall assume or pay any debt or obligation in- 
curred in aid of insurrection or rebellion 
against the United States, or any claim for [101^ 

the loss or emancipation of any slave." 

The repudiation here enjoined, if such it is, was made a 
part of the Fourteenth Article of Amendment so as to pre- 
vent all future Congresses and State Legislatures from 
making any attempt to legalize any State or individual 
contracts, express or implied, assumed in the interest of 
the Confederate cause. 

Hundreds of millions of obligations of this character 
were contracted by the Southern Confederacy, and by 
several of the States that espoused the cause of opposition 
to the United States. 

This clause operates as a severe pecuniary penalty upon 
those who had such faith in the success of the insurrection 
as to induce them to invest their means in Confederate bills 
and bonds. It is also intended to operate as a premium for 
allegiance to the government and authority of the United 
States. It secures this end by exonerating debtors from all 
debts and obligations incurred in aid of the lost cause. 



1 64 CIVIL GOVERNMENT. 

No judicial tribunal, State or National, has power to 
render judgment in favor of parties seeking to enforce 
such demands. 

The Constitution says, " No religious test shall ever be 

ix. Religious required as a qualification to any office 
and civil or public trust under the United States." 
m " Congress shall make no law respecting 

an establishment of religion, or prohibiting the free exer- 
cise thereof." 

In Paragraph (86) of the Constitution, Congress is ex- 
pressly forbidden to pass any law abridging the freedom of 
speech or of the press. 

But this does not exonerate from personal and pecuniary 
responsibility any person who may speak slanderous words, 
or publish libelous matter against the fair fame of another. 
The law holds every man strictly amenable for the abuse 
of this freedom of speech and of the press. If men will 
slander and libel others, the law says they must pay for it. 

In the same paragraph of the Constitution, Congress is 
forbidden to pass any law denying the right of the people 
peaceably to assemble and to petition the government for 
a redress of grievances. This is what is called the right of 
petition. 

The Constitution says, " A well-regulated militia being 
necessary to the security of a free State, the right of the 
people to keep and bear arms shall not be infringed. ,, 

This paragraph of the Constitution refers to an organi- 
zation of the militia of the States. Fears have been 
expressed that the liberty of the people might be de- 
stroyed by the perverted power of a formidable standing 
army. The militia, that might be called out at any time on 
a month's notice, would outnumber, twenty to one, any 
standing army in time of peace that will ever be tolerated 
in the United States. 



PROHIBITIONS ON THE UNITED STATES. 1 65 



Questions. 

30. What are the clauses in the Constitution in reference to repu- 

diation ? 

31. What is the language of the Constitution enjoining repudiation ? 

32. Why is this repudiation enjoined ? 

33. What does the Constitution say about religious freedom ? 

34. What does the Constitution say about freedom of speech and 

of the press, and of the right of petition ? 

35. What does it say about the right to bear arms ? 

36. To what does this refer? 

37. What is the utility of the militia system ? 



BLACKBOARD EXERCISE. 



Rights of States. 

I. Representation. 

i. House ....... (5) 

2. Senate . . ...... (£) 

II. Privileges of Citizenship . . . (75), (98) 

III. State Amity (74) 

IV. iVfca/ S/ato. 

i. j5j> Dismemberment .... (7#) 

2. ^> Junction (78) 

V. Election (15) 

VI. Militia. 

i. Militia Officers (^i) 

2. Training Militia . . . . (^i) 
VII. Federal Protection . 

i. Government ..... (£0) 

2. Invasion ...... ((90) 

3. Domestic Violence .... (£0) 
VIII. Fugitives. 

1. ./r<2#z Justice ..... (70) 

2. ./w#2 Service ..... (77) 
IX. Reservations. 

1. Rights enumerated . (94) 

2. Powers not delegated. * , * (£5) 



t6« 



CHAPTER XV. 

LESSON XLIV. — RIGHTS OF STATES. 



The Constitution says, " The House of Representatives 
shall not exceed one for every thirty thousand, but each 
State shall have at least one representa- x> Representa . 

tive." tion. 

This quotation from the Constitution is *" Bou8e {5) ' 
found in Paragraph (5). It is not here declared that there 
shall be one representative for every thirty thousand, but 
that the proportion shall not exceed that. The population 
of the United States has increased eight or ten fold since 
the adoption of the Constitution. It now numbers about 
sixty-three millions. 

Were the proportion of representation in the House at 
the present time one for every thirty thousand, the number 
of representatives would be over two thousand, — a body 
far too numerous for the convenience of deliberative legis- 
lation. 

The ratio of representation is now one member for 
173,901 persons (see p. 66). When there is a full member- 
ship of the House, under its present organization, it consists 
of three hundred and fifty-six members. As the population 
increases from decade to decade, the proportion of repre- 
sentation must be correspondingly reduced. 

Some of the States have not a population of sufficient 
number to give them the right to one representative ; that 
is, they have each less than one hundred and seventy-three 
thousand, but the Constitution says that each State shall 
have at least one representative. 

167 



1 68 CIVIL GOVERNMENT. 

The Constitution says, "The Senate of the United 
States shall be composed of two senators 

2. Senate (8). r 

from each State. 

This is an unamendable clause of the Constitution. By 
reference to Paragraph (81), it will be seen that no State 
can, without its consent, be deprived of its equal suffrage 
in the Senate. 

The number of representatives from any State depends 
on the population of that State. The larger States, there- 
fore, have a greater number than the smaller States. The 
smaller States vigorously opposed this in the convention 
that formed the Constitution. It was giving the larger 
States a great advantage in the House. But the opposi- 
tion was withdrawn on the larger States consenting to 
equality of suffrage in the Senate, and that this provision 
should be unalterable. This is a right of States not to be 
voted away by majorities, however large. 

Questions. 

i. What does the Constitution say about representation in the 
House? 

2. What has been the increase of the population of the United 

States ? 

3. What would be the number of representatives in Congress if 

we were now to have one for every thirty thousand inhab- 
itants ? 

4. Of how many members does the House of Representatives con- 

sist under its present organization? 

5. What is the present proportion of representation ? 

6. How is the Senate composed? 

7. Why may not this be changed ? 

8. What compromise was made between the larger and smaller 

States? 



RIGHTS OF STATES. 169 



LESSON XLV. — RIGHTS OF STATES, Continued. 

The Constitution says, " The citizens in each State 
shall be entitled to all the privileges and Jjr rrivileges of 
immunities of citizens of the several States." citizenship 

" All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States, and of the State wherein 
they reside." 

The purpose of these clauses is to create a general 
national citizenship. Perhaps it does not so properly 
come under the rights of States as the rights of citizens 
derived from the States. 

A person, being a citizen in one State of the Union, 
may remove to any other without prejudice to his social, 
pecuniary, or political rights in his new home. 

He may purchase, hold, convey, and inherit property, 
and enjoy all other rights arising from citizenship, the 
same as though he were born or naturalized in the State 
to which he migrates. 

The Constitution says, " Full faith and credit shall be 
given in each State to the acts, records, 
and judicial proceedings of every other AmityTrl) 
State." 

By this provision, the following rights are given to States 
and individuals : — 

1st, A State has the right to demand of another State 
that its acts, records, and judicial proceedings shall be re- 
spected, and that full faith and credit shall be given to them. 

2d, Individuals may demand the same, when that de- 
mand is necessary to the vindication of their rights. 

3d, States on whom such demands are properly made 
are under obligations to heed and respect them. 



170 CIVIL GOVERNMENT. 

A judgment rendered by a court in the State of Massa- 
chusetts, for instance, would be conclusive in the State of 
New York, provided the courts of Massachusetts would 
hold it conclusive. 

The Constitution says, " No new State shall be formed 

or erected within the jurisdiction of any other State, 

nor any State be formed by the junction 

IV. New States. J * ~ 

of two or more States, or parts of States, 
without the consent of the Legislatures of the States con- 
cerned." 

The first clause above — " No new State shall be formed 

or erected within the jurisdiction of any other State " — 

1. By msmem- was inserted by the Constitutional Conven- 

berment (78). tion, to quiet the fears of the larger States 
that their territories might be dismembered for the pur- 
pose of increasing the number of States. 

Notwithstanding this guaranty to States against dis- 
memberment, the State of Virginia was dismembered 
in 1863 ; and West Virginia, a part of the original State, 
was admitted into the Union as an independent State. 
But that was a revolutionary measure, growing out 
of the civil war, in which Virginia voted to secede 
from the Union, and enlisted in the cause of the Southern 
Confederacy (see Townsend's Analysis of Civil Govern- 
ment). 

No new State has ever been formed by the junction of 
two or more States. The second provision above — " nor 

2. By June- an y State be formed by the junction of two 
Hon (78). or more States, or parts of States, without 
the consent of the Legislatures of the States concerned" — 
was inserted to quiet the fears of the smaller States that 
a junction of States might take place without their con- 
sent, and thus their sovereignty be destroyed. 



RIGHTS OF STATES. 



Questions. 



171 



9. What does the Constitution say about privileges of citizen- 
ship ? 

10. What is the purpose of these clauses? 

11. What is the consequence of this national citizenship ? 

12. What is said of State amity? 

13. What authority does the provision give to States and individ- 

uals? 

14. What are the prohibitions in regard to new States ? 

15. What is the object of the first clause? 

16. What is said about West Virginia ? 

17. What is the object of the second provision ? 



LESSON XLVI. — RIGHTS OF STATES, Cotitinued. 

The Constitution says, " The times, places, and manner 
of holding elections for senators and representatives shall 
be prescribed in each State by the Legis- 

• , r 1 ^ r Election (15). 

lature thereof; but the Congress may at 

any time, by law, make or alter such regulations, except as 

to the places of choosing senators." 

This clause gives the regulation of the election of sena- 
tors and representatives primarily to the legislative author- 
ity of the several States. Should they fail to exercise it, 
however, or exercise it improperly, the interests of the 
country would justify the interposition of Congress. 

By the forty-first paragraph of the Constitution, Congress 
has power "to provide for organizing, arming, and disciplin- 
ing the militia, and for governing such part ^. MUUia 
of them as may be employed in the service 
of the United States, reserving to the States respectively the 
appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by Con- 
gress. " 

Short Civ. Gov.— 12. 



172 CIVIL GOVERNMENT. 

As the National Government is to depend on the several 

States for the militia, it seems proper that the officers who 

are to train and discipline them should be 

1. Officers {41). . r . 

appointed by the States. This arm or 
power of national security is in some sense a local police 
force, a means of State defense, for the proper organization 
and discipline of which the several States are responsible to 
the national authority. 

But, in order that there may be uniformity of organiza- 
tion and discipline, it is left with Congress to prescribe the 

mode. In case of an invasion by a for- 

2. Training (41). . ' 

eign power, or a widespread rebellion, the 
militia of States distant from each other may be placed 
side by side in the same army. Hence the necessity of 
uniformity of discipline, and of its being under the direction 
of a single power, instead of being distributed among the 
several States. 

The Constitution says, "The United States shall guaran- 
tee to every State in this Union a republican form oT 
rii. Federal government, and shall protect each of them 
Protection. against invasion, and on application of the 
Legislature, or of the Executive (when the Legislature can- 
not be convened), against domestic violence." 

The United States is one great political family, and each 
1. Government State is a member of that family ; and each 
(80), member has the right of protection from 

invasion without, or insurrection within. 

This is one of those State rights that give assurance of 
the stability and solidity of the State governments, as well 
as the perpetuity of the Federal Union. 

The States have the right of Federal protection against 
foreign invasion. They cannot declare 

2. Invasion (80). . . 

war, nor even engage in it as States, un- 
less the danger is so imminent as not to admit of delay. 



RIGHTS OF STATES. 1 73 

For the surrender of this right, it is but reasonable that 
the National Government should pledge its power to de- 
fend them. 

Perhaps there is more danger of insurrectionary out- 
breaks under a republican form of government than under 
any other. Enjoying, as the people do, a 3. Domestic 
greater degree of freedom under this than violence (80). 
under other forms of government, that freedom is corre- 
spondingly more liable to be abused. 

Our history has in several instances demonstrated this 
liability. The national aid has been invoked, and Federal 
relief has been afforded to the States, in several cases since 
the formation of our government. 

Questions. 

18. What does the Constitution say about elections for senators 

and representatives? 

19. What is the order in which this power is conferred? 

20. What rights are reserved to the several States in regard to the 

militia ? 

21. Why is this reservation proper? 

22. Who prescribes the mode of discipline, and why ? 

23. What does the Constitution say in relation to Federal pro- 

tection ? 

24. Of what does this give assurance ? 

25. How are the States restricted as to war? 

26. What pledge from the National Government have the States 

for the surrender of this right? 

27. What is said about danger of insurrection under a republican 

form of government? 

28. What has the history of the United States demonstrated as to 

this danger? 



174 CIVIL GOVERNMENT. 



LESSON XLVIL — RIGHTS OF STATES, Continued. 

The Constitution says, " A person charged in any State 
with treason, felony, or other crime, who shall flee from 
viii. Fugitives. j us ti ce > ar| d be found in another State, 
i. From justice shall, on demand of the executive authority 
(76) ' of the State from which he fled,, be deliv- 

ered up to be removed to the State having jurisdiction of 
the crime." 

Provisions have been made by Congress to enforce the 
foregoing paragraph. An act was passed Feb. 12, 1793, 
by which, 

1st, The Executive of the State in which the crime is 
committed must make demand for the return of the crim- 
inal on the Executive of the State to which the criminal 
has fled. 

2d, The demand must be accompanied by a copy of 
the indictment against the criminal ; or, 

3d, By an affidavit made before a magistrate charging 
the person demanded with having committed the crime, 
and having fled from justice. 

4th, The copy of the indictment, or the affidavit, must 
be certified by the governor or chief magistrate making 
the demand, to be authentic. 

5 th, When this is done, it is the duty of the Executive 
of the State to which the person has fled to cause the 
accused to be arrested and secured. 

6th, It is the duty of the Executive causing the arrest 
to give notice thereof to the Executive making the de- 
mand, or to his agent. 

7th, Following these proceedings, the person charged 
with the crime is delivered over for trial to the State au- 
thorities from which he fled. 



RIGHTS OF STATES. 175 

The Constitution says, " No person held to service or 
labor in one State, under the laws thereof, escaping into 
another, shall, in consequence of any law #. From, Service 
or regulation therein, be discharged from (W 

such service or labor, but shall be delivered up on claim 
of the party to whom such service or labor may be due." 

This paragraph refers to slaves exclusively. Acts of 
Congress have been passed and amended to enforce this 
provision. But they were all repealed in 1864 ; the next 
year after which, slavery was abolished in this country. 
This provision of the Constitution, therefore, is now super- 
seded. 

The Constitution says, " The enumeration in the Con- 
stitution of certain rights shall not be construed to deny 
or disparage others retained by the people." 1X Reservations. 

In several paragraphs of the Constitution *• nights enu- 

, . . , , . * 1 merated (94). 

certain rights are enumerated as reserved 
to the States ; and, but for the foregoing provision, it 
might possibly be inferred that all rights were surrendered 
by the States to the General Government except those 
included in such reservations. This amendment was 
adopted for the purpose of guarding against such possible 
construction. All such rights are reserved to the States as 
are not expressly, or by necessary implication, taken away. 

The Constitution says, "The powers not delegated to 
the United States by the Constitution, nor prohibited by it 
to the States, are reserved to the States %, lowers not 
respectively, or to the people." delegated {95). 

Cases of doubtful authority may arise between a State 
and the United States. This amendment to the Constitu- 
tion furnishes a rule of interpretation in such cases. 

The powers of the National Government are limited, 
being conferred by the people of the several States, and 
enumerated in the Constitution as far as practicable. Of 



176 CIVIL GOVERNMENT. 

course, all the means necessary to carry into execution the 
spirit of the Constitution are not, and could not be, ex- 
pressly named. 

For instance: the power to regulate commerce is ex- 
pressly given to Congress ; and, while some of the means 
to carry this power into effect are enumerated, they are 
not all specified. Nor is this necessary, for a power con- 
ferred always implies the right to adopt the requisite means 
to make that power effective. 

Questions. 

29. What does the Constitution say about fugitives from justice? 

30. What steps must be taken to secure the return of fugitives 

from justice ? 

31. What is said about the return of fugitives from justice? 

32. What does the Constitution say of the enumeration of certain 

rignts therein ? 

33. What is the object of this provision ? 

34. What rights are reserved to the States? 

35. What is said in the Constitution of powers not delegated ? 

36. What rule does this furnish? 

37. What is said of the national powers? 

38. What is said about powers, and means for carrying them into 

execution, being expressed? 

39. What instance is given as an illustration ? 

40. What does a power conferred imply ? 



BLACKBOARD EXERCISE. 



State Subordination. 

I. State Obligations. 

i. United States Constitution . . . (85) 

2. Amendments (81) 

II. Supremacy of United States Authority . . (88) 
III. Official Oath. 

i. ,S/tfte Legislators . (<££) 

2. ,S/tffc Executives ..... (&£) 

3. »Sfo/<? Judicial Officers .... (&£) 



tit 



CHAPTER XVI. 

LESSON XLVIIL — STATE SUBORDINATION. 



The Constitution says, " The ratification of the conven- 
tions of nine States shall be sufficient for the establishment 
of this Constitution between the States so 

X. State Obli- 

gations. ratifying the same. 

l. United states ^he origin of the obligations of the 

Constitution {85). _, , ^ . ' 

States to the General Government is 
founded in their assent to the Constitution of the United 
States. Before ratifying the Constitution, the States were 
at liberty to make their choice : they could come into 
the Union or stay out. Should they refuse their assent to 
the terms of national association, they would each be an 
independent political division, having all the attributes and 
prerogatives of sovereign States. But, having accepted 
the terms of union, they became subordinate to the national 
authority. 

In the eighty-first paragraph the Constitution provides 
for its own amendment. When an amendment is regularly 

2. Amend- made, being ratified by the Conventions or 

ments (8i). Legislatures of three fourths of the several 
States, it must be obeyed by all the States, as, to all 
intents and purposes, a part of the Constitution. It is 
equally binding on the States that do not ratify it and on 
those who do give it their sanction ; for, by coming into 
the Union, they solemnly agreed to the terms on which 
this Great Charter might be amended. 

The Constitution says, " This Constitution, and the laws 



STATE SUBORDINATION. 1 79 

of the United States which shall be made in pursuance 
thereof, and all treaties made, or which It supremacy 
shall be made, under the authority of the of United states 
United States, shall be the supreme law ** 
of the land ; and the judges in every State shall be bound 
thereby, anything in the Constitution or laws of any State 
to the contrary notwithstanding." 

The above is a solemn declaration of the binding and 
supreme authority over all State authority, — 

1. Of the Constitution of the United States. 

2. Of all laws made in pursuance of it. 

3. Of all treaties made under it. 

4. Furthermore, in case of collision by authority between 
the United States, acting constitutionally, and any particu- 
lar State, the former is supreme. The judges of every 
State are bound to so interpret the law. Were State 
authority supreme, the National Government would be 
characterized by weakness and imbecility. 

The Constitution says, " The senators and representa- 
tives before mentioned, and the members of the several 
State Legislatures, and sdl executives and IIIt official 
judicial officers, both of the United States ° ath (* 4 >- 
and of the several States, shall be bound by oath or affir- 
mation to support this Constitution." 

We see by this passage that not only senators and 
representatives in Congress, and all executive and judicial 
officers of the United States, must be bound by oath or 
affirmation to support the Constitution, but that all 
members of the several State Legislatures, and all State 
executive and judicial officers, are required to assume the 
same obligation. 

This is but k reasonable requirement, because the mem- 
bers and officers of the State governments have an essential 
agency in giving- effect to the Federal Constitution. 



180 CIVIL GOVERNMENT. 

The election of the President of the United States and 
senators in Congress will depend in all cases on the Legis- 
latures of the several States. 

In many cases the election of the House of Representa- 
tives may be effected by their agency. 

The judges of the State courts will frequently be called 
upon to decide upon the Constitution and laws and treaties 
of the United States, and upon rights and claims growing 
out of them. Decisions ought to be uniform, as far as 
possible ; and uniformity of obligation will greatly tend to 
such a result. 

The executive authority of the several States may be 
often called upon to exert powers or allow rights given by 
the Constitution, as in filling vacancies in the Senate 
during the recess of the Legislature, in issuing writs of 
election to fill vacancies in the House of Representatives, 
in appointing officers of the militia, and in the surrender 
of fugitives from justice. 

Questions. 

i. Of how many States was assent ti the Constitution required, 
to form the Union ? 

2. What is the origin of the State obligation to the Federal Union ? 

3. Had they not ratified the Constitution, what would have been 

the condition of the States ? 

4. What was the result of their acceptance ? 

5. What provision does the Constitution make for its own amend- 

ment ? 

6. On whom are the amendments binding? 

7. What passage in the Constitution establishes he supremacy 

of the United States authority? 

8. What would be the result if State authority were supreme ? 

9. What does the Constitution say about official oaths ? 

10. Why is the requirement reasonable as to Stat(^ officers ? 

11. What depends on the Legislatures of the several States? 

12. What may be the duties of the State judges ? 

13. What duties belong to State executives? 



BLACKBOARD EXERCISE \ 



State Prohibitions. 

I. State Relations (52) (54) 

II. Commercial. 

i. Coining Money ..... (52) 

2. Bills of Credit .... (52) 

3. Tender (52) 

4. Contract Obligations . . . (52) 

III. War (52) (54) 

IV. Penalties. 

1. Bill of Attainder .... (5£) 

2. Ex post facto Law .... (5#) 
V. Nobility (52) 

VI. Duties. 

1. Imports and Exports . . . (5$) 

2. Toniiage (££) 



CHAPTER XVI I. 

LESSON XLIX. — STATE PROHIBITIONS. 



The Constitution says, " No State shall enter into any 
i. state Mela- treaty, alliance, or confederation.'' 
tions (52) (54). By the fifty-fourth paragraph of the Con- 
stitution, States are forbidden to enter into any agreement 
or compact with another State or with any foreign power. 

The Constitution intends to confer the whole treaty- 
making power upon the General Government. It would 
not be safe to allow the States even to treat with each 
other. Were this permitted, two or more States might 
enter into a compact, not only quite adverse to the inter- 
ests of neighboring States, but also to the interests of the 
Federal Union. 

Were the States at liberty to treat with foreign powers 
or neighboring States, they might enter into such arrange- 
ments as would interfere with those made by the General 
Government at home and abroad. 

If the States were permitted to enter into treaties with 
foreign powers, the authority of the General Government 
on the same matter would be at an end. 

Foreign powers might secure an advantage over all the 
States by securing the favor of one State. 

By the fifty-second paragraph of the Constitution, States 
are prohibited from exercising any of the 

II. Commercial. 

following commercial powers : — 

1 83 



STATE PROHIBITIONS. 1 83 

i. To coin money. 

2. To emit bills of credit. 

3. To make anything but gold and silver coin a tender 
in payment of debts. 

4. To pass any law impairing the obligation of con- 
tracts. 

The power to coin money is confided to the General 
Government. Were the States invested with it, the effect 
would be to multiply expensive mints, and 1 coining 
diversify the forms and weights of the cir- Money (52). 
culating coins. This would destroy all hope of uniformity 
of currency, and would seriously cripple and embarrass the 
interests of commerce. 

The bills of credit as here referred to, and which States 
are forbidden to emit, are engagements to pay money. At 
the close of the revolutionary war, and for #. jsm s of 
some years afterwards, the whole country Credit (52). 
was flooded with a nearly worthless paper currency. It 
was issued under the direction of Congress, but it was 
expected that each State would redeem its proper propor- 
tion • but they did not do this, and it became utterly worth- 
less as a medium of exchange. It is known in history as 
the "Continental currency." It amounted in the aggre- 
gate to over three hundred and fifty millions. 

The States themselves had also, on their own account, 
largely issued similar bills of credit. At last it was hardly 
worth a penny on a dollar. 

This was the experience that led the authors of the 
Constitution to insert this clause. 

The States are also forbidden to pass any laws making 
anything but gold and silver coin a tender in payment of 
debts. This prohibition has the same gen- tmfaek 

\ & 3. Tender (52). 

eral object in view as the preceding clauses. 

It is intended to give uniformity and stability to the currency 



184 CIVIL GOVERNMENT. 

of the country, and to establish confidence in commercial 
transactions. 

Though the States cannot make anything but gold and 
silver a legal tender, this prohibition does not apply to the 
General Government. A large part of the present paper 
currency is made legal tender by a law of Congress, 
passed early in 1862. But this is a national medium of 
exchange, and the law authorizing its issue has been de- 
clared by the Supreme Court of the United States to be 
constitutional. 

Questions. 

1. On whom does the Constitution intend to confer the treaty* 

making power? 

2. Why would it not be safe to allow the States to treat with each 

other ? 

3. Why not with foreign powers ? 

4. What commercial powers are the States prohibited from exer- 

cising ? 

5. What would be the effect if the States were allowed to coin 

money ? 

6. What are bills of credit? 

7. What is said about paper money at the close of the revolu- 

tionary war? 

8. What was expected of the States with respect to this papei 

currency? 

9. What was the result of their not doing this ? 

10. What was the amount of Continental currency? 

11. How far did it finally depreciate in value? 

12. What are the restrictions on the States about money as a ten- 

der in payment of debts ? 

13. What is the object of this provision ? 

14. What is said about our present paper currency? 

15. What decision has the Supreme Court given on this? 



STATE PROHIBITIONS. r8< 



LESSON L. — STATE PROHIBITIONS, Continued. 

By the fifty-second paragraph, States are forbidden to 
grant letters of marque and reprisal ; and by the fifty-fourth 
they are forbidden to keep troops or ships 

. . r . V. , HI- War (52) (.54). 

of war m time of peace without the consent 

of Congress, or engage in war unless actually invaded or 

in such imminent danger as will not admit of delay. 

These citations from the Constitution embrace all the 
restrictions imposed on the States in reference to making 
war. The power of making war and of making treaties of 
peace belongs exclusively to the General Government. 

A State may be so situated that it may become indis- 
pensable to possess military forces to resist an expected 
invasion or insurrection. The danger may be too immi- 
nent to admit of delay \ and under such circumstances a 
State would have a right to raise troops for its own safety, 
even without the consent of Congress. 

By the fifty-second paragraph of the Constitution, States 
are forbidden to pass any bill of attainder or ex post facto 
law. These are explained in the chapter 

1 IV. Penalties (52), 

"Prohibitions on the United States." 

Bills of attainder and ex post facto laws are contrary to 
the first principles of the social compact and of every 
principle of sound legislation. Congress is forbidden to 
pass them, as we have seen ; and for the same, if not for 
stronger reasons, the prohibition is extended to the States. 

By the same paragraph, the States are forbidden to 
grant any title of nobility. We have seen in another 
place that the United States are under the 

^ . . . F. Nobility (52). 

same prohibition. 

Besides the royal family in England, there are five orders 
of nobility, — dukes, marquises, earls, viscounts, and barons. 



i86 CIVIL GOVERNMENT. 

These are all included under the general term " lords " or 
'peers." These titles descend to the heirs. 

It would be absurd to provide against the exercise of 
this power by the General Government, and yet leave the 
States at liberty to exercise it. 

The Constitution says, " No State shall, without the con- 
sent of the Congress, lay any imposts or duties on imports 
vi Duties or ex P orts > except what may be absolutely 
l. imports and necessary for executing its inspection laws ; 

Exports (S3). an( j the net produce of all duties and im _ 

posts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States." 

The restraint on the power of the States over imports 
and exports is enforced by all the arguments which prove 
the necessity of submitting the regulation of commerce to 
the Federal councils. Imposts and duties were explained 
in treating of the " Powers of Congress." 

Inspection laws are not, strictly speaking, regulations of 
commerce. Their object is to improve the quality of arti- 
cles produced by the labor of the country, and to fit them 
for exportation or for domestic use. These laws act upon 
the subject before it becomes an article of commerce. 

States are also forbidden to lay any duty of tonnage 
without the consent of Congress. 

Tonnage duty is a tax or duty laid on ships or ves- 
sels in proportion to their cubical con- 

£. Tonnage (54). . 

tents expressed in tons. A ton, expressed 
by measure, is forty-two cubic feet. 

In reference to the subject of duties generally, it was the 
intention of the authors of the Constitution to place it en- 
tirely under the supervision and control of Congress. 



STATE PROHIBITIONS. 187 



Questions. 

16. What are the restrictions on the States in the fifty-second, 

fifty-third, and fifty-fourth paragraphs? 

17. To whom does the war and treaty making power belong? 

18. When may a State raise troops without the consent of Con- 

gress? 

19. What is said of bills of attainder and ex post facto laws? 

20. What is said about titles of nobility? 

21. How many and what are the titles of nobility in England? 

22. By what other general names are they known ? 

23. What are the restrictions on the States about imports and ex- 

ports ? 

24. What is the object of inspection laws? 

25. What is said about the duty of tonnage? 

26. What is a ton in measure? 



tihort, Oiv. Gov.— 13 



BLACKBOARD EXERCISE. 



Personal Rights. 



I. Domicile. 

i. In Peace ...... (88) 

2. In War . . . . . . . (88) 

II. Searches and Seizures . . . . (89) 

III. Judicial. 

i. Indictment . . . . . . (90) 

2. Second Trial ...... (00) 

3. life, liberty, and Property . .. . (90) 

4. Private Property (90) 

IV. Criminal Actions. 

1. Accusation (Pi) 

2. /^rj/ Trial (91) 

3. Witnesses . . . . . (90) (91) 

4. Counsel (9i) 

5. Bail . ' («J) 

6. i%*r (95) 

7. Punishments ,..,,. (05) 
V. CVz>// Actions. 

1. Jury Trial . . . , . • . (ft8) 

2. Second Trial ..... (0#) 
VI. Treason. 

1. JF/^/ & Treason . . . (7#) 

2. Conviction for Treason . (7#) 



188 



CHAPTER XVIII. 

LESSON LI. — PERSONAL RIGHTS. 



The Constitution says, " No soldier shall, in time of 
peace, be quartered in any house without 

J. Domicile. 

the consent of the owner ; nor in time 

of war but in a manner to be prescribed by law." 

The place most sacred to every citizen is that one which 
he calls his home. The enjoyment of it, uninterrupted, is 
among the most sacred of personal rights. 

& . r & 1. In Peace (88). 

Arbitrary rulers, even in time of peace, are 

prone to trespass on this right, and in the very mode here 

forbidden. 

A man's house is his castle, and in every land of law 
and order it is the owner's right that it should be pro- 
tected. 

But the necessities of war may sometimes require the 
sacrifice of private property and individual rights for the 
public good. In such cases, under our 

r & ,2. In War (88). 

Constitution, just compensation must be 
made for the sacrifice of private property. In time of war 
it may become a public necessity not only to quarter 
troops in private houses, but to convert churches, court- 
houses, and other public buildings, into barracks and hos- 
pitals. 

But invasion of private property must, under our gov- 
ernment, be strictly according to law. This would not 
be regarded as an encroachment, however, by any patriotic 

18 9 



igo CIVIL GOVERNMENT. 

or reasonable man, but rather as cause for gratitude to 
his country. 

The Constitution says, " The right of the people to be 
secure in their persons, houses, papers, and effects, against 
11. searches and unreasonable searches and seizures, shall 

Seizures (89). no t be violated ; and no warrants shall 
issue but upon probable cause, supported by oath or affir- 
mation, and particularly describing the place to be searched, 
and the persons or things to be seized." 

This provision requires no explanation. It is an affirm- 
ance of a well-known principle of common law, recognized 
for ages. But it had been so frequently and so shamefully 
violated by despotic rulers for centuries, that our fathers 
thought it prudent to incorporate it among the earlier 
amendments to the Constitution. 

Questions. 

i. What does the Constitution say about quartering soldiers in 
private houses ? 

2. What is said about the personal rights of a citizen in reference 

to his home, and what about arbitrary rulers ? 

3. What do the necessities of war sometimes require for the pub- 

lic good ? 

4. What is said about compensation for the sacrifice of private 

property ? 

5. What is said in relation to unreasonable searches and seiz- 

ures? 

6. What does the Constitution say are the conditions necessary to 

the issue of warrants ? 

7. What is said of this provision ? 



PERSONAL RIGHTS. 191 



LESSON LIL — PERSONAL RIGHTS, Continued. 

The Constitution says, "No person shall be held to 
answer for a capital or otherwise infamous crime, unless on 
a presentment or indictment of a errand jury, 

r , 1 , JJJ - Judicial. 

except in cases arising in the land or naval 
forces, or in the militia, when in actual service, in time of 
war or public danger \ nor shall any person be subject, for 
the same offense, to be twice put in jeopardy of life or 
limb ; nor shall be compelled, in any criminal case, to be 
a witness against himself; nor be deprived of life, liberty, 
or property, without due process of law ; nor shall private 
property be taken for public use, without just compensa- 
tion." 

A capital crime is one that subjects the offender to the 
penalty of death. lt indictment 

An infamous crime is one that exposes ( 9 °) # 

the criminal to the abhorrence and detestation of mankind, 
and to ignominious punishment more or less severe. 

An indictment is a written accusation or a formal charge 
made against a person for the commission of a crime, and 
is made by a grand jury on oath. 

A grand jury generally consists of twenty-three men. It 
requires a majority to find an indictment. They sit under 
the direction of court with closed doors, and are sworn to 
secrecy in regard to their proceedings. The prosecuting 
attorney, being the law officer for the State, draws up the 
indictment according to the forms of law. The foreman 
of the grand jury indorses on it the words, " A true bill," 
and signs his name under the indorsement. This must be 
done before the accused can be put on his trial. 

Crimes committed in the army or navy, or in the militia, 
when in actual service in time of war or public danger, 



192 CIVIL GOVERNMENT. 

are tried by court-martial or by military commission, 
without going through with the formalities of an indict- 
ment. 

The Constitution says, " Nor shall any person be sub- 
2. second Trial ject, for the same offense, to be twice put 
(90). i n jeopardy of life or limb." This refers 

to second trials for the same crime. 

By the authority of this clause, no person having been 
once tried for a crime, whether found^ guilty or not guilty, 
if the jury agree on a verdict at all, can be put on his trial 
a second time for the same offense. But this statement 
must be taken with the qualification that the accused does 
not himself apply for a new trial. 

The Constitution says, " Nor be deprived of life, liberty, 

3. Life, Liberty, °r property, without due process of law." 
and Property The first object of human government is 

protection of the citizen. This clause is 
inserted for the purpose of giving assurance that life, lib- 
erty, and property shall be held sacred in the eye of the 
law, and that the citizen shall not be deprived of either ex- 
cept through all the forms and substance of the regular 
administration of justice. 

On the other hand, the public good, which is paramount 
to private interest, often requires the appropriation of pri- 

4. Private Prop- va te property for the ends of government, 

erty (90). or f or the greater good of the greater num- 
ber. Where the public interests require it, private property 
may be taken by rendering a just compensation to the owner 
of the same. 

What is just compensation in such cases is to be ascer- 
tained by such process of investigation as shall be fixed by 
law. It may be necessary to project a railroad, a military 
road, or to construct a canal ; or it may become necessary 
to appropriate private property for the support of an army 



PERSONAL RIGHTS. 193 

This may be done by authority of law, but not without just 
compensation to the owner of the property. 

Questions. 

8. Will you recite the Fifth Article of Amendment to the Consti- 

tution? 

9. What is a capital, and what an infamous, crime? 

10. What is an indictment? 

11. What is a grand jury? 

12. What is said about their proceedings? 

13. What is said about the trial of crimes committed in the army, 

navy, and militia? 

14. What is said about second trials ? 

15. What is the first object of government? 

16. Why is this clause in regard to life, liberty, etc., inserted in 

the Constitution ? 

17. What does the public good often require? 

18. What is said about compensation for private property? 



LESSON LIIL — PERSONAL RIGHTS, Continued. 

The Constitution says, " In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public trial 
by an impartial iury of the State and dis- 

. , . : . 1 - 11 1 1 Ir - Criminal 

trict wherein the crime shall have been Actions. 
committed, which district shall have been J - Accusation 

(91) 

previously ascei tamed by law, and to be 
informed of the nature and cause of the accusation, to be 
confronted with the witnesses against him, to have com- 
pulsory process for obtaining witnesses in his favor, and to 
have the assistance of counsel for his defense." 

We have here an outline of the rights of a party on 
trial for a criminal offense. In the first place, he is to 
be informed of the nature and cause of the accusation 



194 CIVIL GOVERNMENT. 

against him. This appears in the indictment, which is a 
written accusation made by the grand jury, on oath, at 
the suit of the government. 

The indictment must charge the time, place, and nature 
and circumstances of the offense with clearness and cer- 
tainty ; giving the accused full and definite notice of the 
charge, so that he may make his defense with all reason- 
able knowledge, and to the best of his ability. 

The trial is by jury. This is a petit jury, consisting of 

twelve good and lawful men, against whom, and each of 

whom, no valid and legal objection can be 

2. Jury Trial (91). . , _. . iV % 

raised. This jury must be impartial ; that 
is, it must be constituted of persons who have not already 
made up their minds on the guilt or innocence of the 
party accused. 

The jury shall be selected from the State and district 
in which the crime shall have been committed; and the 
district shall have been previously ascertained, that is, 
determined by law. The selection of the jury from the 
State and district in which the crime is committed is 
supposed to secure fairness and impartiality on the trial. 

By our Constitution, a man cannot be compelled to tes- 
tify against himself; and this is in affirmance of a well- 

3. witnesses settled principle of common law. 
(90) (91). n j s we ji known that in some countries 

criminals are not only compelled to give evidence against 
themselves, but are subjected to the rack or torture in order 
to procure a confession of guilt, presuming that innocence 
would vindicate itself by a stout resistance, or that guilt 
would make open confession. 

The accused has the right to compulsory process for 
obtaining witnesses in his favor. This is to secure impar- 
tiality of trial, and to give a fair opportunity of defense. 
This shall be done, if need be, at the expense of the gov- 



PERSONAL RIGHTS. 195 

eminent itself, though carrying on the prosecution against 
him. 

Not far back in English history, the prisoner at the bar 
was denied the privilege of calling witnesses to testify 
in his favor; but our Constitution makes wise provision 
against the possibility of such gross injustice. 

The accused shall also have the assistance of counsel 
for his defense. This means that he shall have a lawyer 
to assist him at the bar, to guard his rights, 

. . _ _ . , , 1 , • *• Counsel (91). 

to defend him, to see that he has a fair 

trial, and to see also that no injustice is done him. 

If he is unable to employ counsel of his own selection, 
it is the duty of the court to appoint one or more for that 
purpose at the expense of the government : so careful is 
the law in this country of the rights of every American 
citizen. 

Excessive bail shall not be required. Bail here means 
a bond of surety in a sum of money signed by some re- 
sponsible person or persons, promising that 
the accused shall appear and stand his 
trial in court when called for, or, if he does not, that the 
sum of money named in the bond shall be paid. On fur- 
nishing such a bond, the person is at liberty to go at large 
until the day of trial. If no such bond be furnished, the 
accused will be shut up in jail, that his body may be held 
securely till the time of trial. 

Except in cases where the accused is charged with 
crime punishable by death, and a few others, he has a right 
to be discharged from custody, on giving the bail required 
by the court. 

This bail must not be excessive, but reasonable in 
amount. But for this humane provision in our Constitu- 
tion, it might be required in a sum so large that a person 
of ordinary means would be unable to procure it. Should 



196 CIVIL GOVERNMENT. 

a magistrate, under our Constitution, see fit to be thus 
cruel, the prisoner can obtain relief under the forms of 
law. 

Excessive fines are forbidden. A fine is a pecuniary 
penalty imposed by a court upon a per- 

6. Fines (93). •/'.'., «. 

son for a criminal often se, or transgres- 
sion of the law. 

Nor shall cruel and unusual punishments be inflicted. 
This needs no comment, except the remark that history 
7. Punish- shows that despots in the dark ages taxed 
ments (93). their fiendish ingenuity to invent punish- 
ments the most horrid, cruel, and revolting; and this 
prohibition is for the purpose of avoiding all possibility of 
a repetition of such cruelties in this country. 

Questions. 

19. Will you recite the Sixth Article of Amendment? 

20. Of what is this an outline ? 

21. What must the indictment charge ? 

22. What is a petit jury? 

23. What is said about their being impartial ? 

24. Where is the jury to be selected ? 

25. What is required of witnesses in some countries ? 

26. To what has the accused a right ? 

27. What is the object of this ? 

28. Of what have prisoners in England been denied ? 

29. What is said about the assistance of counsel ? 

30. What is bail, and what is said about it ? 

31. In what cases may the prisoner give bail ? 

32. Why should not the bail be excessive ? 

33. What is said about fines ? 

34. What is a fine ? 

35. What is said about punishments ? 

36. What is the object of this provision of the Constitution ? 



PERSONAL RIGHTS. 197 



LESSON LIV. — PERSONAL RIGHTS, Continued. 

The Constitution says, " In suits at common law, where 
the value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved ; and 

& . . „ V. Civil Actions. 

no fact, tried by a jury, shall be otherwise 
reexamined in any court of the United States than accord- 
ing to the rules of the common law." 

Trial by jury has long been considered a sacred right 
even in civil controversies. In England 

1. Jury Trial {92). 

this right was first recognized in the time 

of Alfred the Great, w r ho established the proceeding in the 

ninth century. That noble ruler died in 901. 

The above amendment to the Constitution was early 
adopted to allay the fears of some of its opposers that 
that instrument substantially abolished the right of jury 
in civil cases. These fears were grounded in the fact that 
this right was expressly secured therein in criminal cases. 

The language of the amendment applies only to cases 
in the common-law courts, not to courts of admiralty and 
maritime jurisdiction, nor to cases of equity, in which the 
courts determine both the law and the fact. 

If the matter in controversy be less than twenty dollars, 
a jury trial cannot be claimed, being a matter of too little 
importance to warrant the expense of a jury trial. 

When a matter in controversy has once been judicially 
settled by a competent court, that adjudication is a bar to 
any further judicial examination or pro- 2. second 
ceedings, except according to the forms Trial (92). 
and usages of the common law. There must be an end 
somewhere to human controversy, and that end must be 
determined by legal principles and usage. 

The rules of common law here spoken of, under which 



198 CIVIL GOVERNMENT. 

matters of fact may be reexamined, refer to a continuation 
of the investigation by a successful motion for a new trial, 
on cause shown, or by writ of error, or by an appeal to 
another and higher tribunal. The parties have the right to 
exhaust all legal remedies before the controversy is to be 
considered as judicially settled ; but these remedies must 
be pursued according to common-law usage. 

Questions. 

37. What is the Seventh Article of Amendment? 

38. How is trial by jury considered ? 

39. By whom and when was jury trial established in England ? 

40. Why was this amendment to our Constitution adopted ? 

41. To what courts does it apply, and to what does it not ? 

42. In what cases may jury trial be claimed? 

43. What is said about second trial ? 

44. To what do the rules of common law refer ? 



LESSON LV. — PERSONAL RIGHTS, Continued. 

The Constitution says, "Treason against the United 

vi Treason States shall consist only in levying war 
1. what is it? against them, or in adhering to their ene- 
* ' mies, giving them aid and comfort." 

There are but two ways that treason can be committed 
against the United States, and these are defined with such 
precision as to leave no room for cavil or doubt. Levying 
war against the United States, or adhering to their enemies, 
giving them aid and comfort, is treason. 

Very early in our history the Supreme Court of the 
United States had occasion to define what is to be under- 
stood by the phrase " levying war." On that occasion the 
court said, " However flagitious may be the crime of con- 



PERSONAL RIGHTS. 1 99 

spiring to subvert by force the government of our country, 
such conspiracy is not treason. " 

To conspire to levy war, and actually to levy war, are 
distinct offenses. The second (levying war) must be 
brought into open action by the assemblage of men for a 
purpose treasonable in itself, or the fact of levying war can- 
not have been committed. 

The Constitution says, "No person shall be convicted of 
treason, unless on the testimony of two wit- #. conviction 
nesses to the same overt act, or on con- f° r Treason (? 2 )- 
fession in open court." 

The Constitution is humane to the accused in requiring 
the strictest proof for the establishment of his guilt. There 
must be two witnesses, at least, to the same overt act, un- 
less the prisoner make confession in open court. Confes- 
sions out of court, though testified to by any number of 
witnesses, are not sufficient. 

There must, as there should, be a concurrence of two 
witnesses to the same overt act, that is, open act of treason, 
who are above all reasonable exception. 

Questions. 

45. What is treason against the United States? 

46. In how many ways can treason be committed ? 

47. What decision has the Supreme Court given on the subject of 

" levying war"? 

48. What is necessary for a conviction of treason ? 



BLACKBOARD EXERCISE. 



Executive. 



I. In whom vested ...... (55) 

II. Executive Term . . . . . . (55) 

III. Eligibility. 

i. Citizenship . . . . . (5P) 

2. 4^ (59) 

3. Residence . , . . • . (5P) 

IV. How elected. 

1. Electors. 

(a) Appointment ..... (56) 

(b) Number . . . . . (56) 

(c) Proceedings. 

1st, Meeting .... (57) 

2</, /^b/^ (57) 

3d, Making Lists . . . (57) 

4th, Signing and certifying Lists . (57) 

$th, Transmitting Lists . . (57) 

6th, jDirecting Lists . . . (57) 

(d) Ln Congress. 

1st, Joint Meeting . y . (57) 

2d, Opening Certificates 9 . (57) 

$d, Counting Votes . . > (57) 

2. House of Representatives. 

(a) Quorum . (57) 

(b) Eligibility. . (57) 

(c) /^/^ . (57) 
V. 0a/A <?/ Q0fc* . , . (00) 

VI. Z^ze/ removable . (67) 

VII. .Sa&ry . (W) 
200 



EXECUTIVE. 


201 


VIII. Powers and Duties. 




i. Military. 




(a) Army and Navy 


• (63) 


(b) Militia 


. . (65) 


2. Civil. 




(a) Departments 


. . (65) 


(b) Reprieves and Pardons 


• (65) 


(c) Treaties 


• . (64) 


(d) Appoi?itments. 




ist, General. 




(a) Diplomatic 


. • (64) 


(b) Judicial 


• (64) 


(c) Others . 


. • (64) 


2^/, Special 


• (65) 


(e) Messages 


. . (66) 


(f) Congress. 




ist, Convocatio?i . 


. . (66) 


2d, Adjournment 


■ (66) 


$d, Veto 


• (24) (25) 


(g) Reception . 


• (66) 


(h) Executor of the Laws . 


. . (66) 


(i) Commissions 


. (66) 



CHAPTER XIX. 

LESSON LVI. — EXECUTIVE. 



The Constitution says, "The executive power shall be 

i. in whom vested in a President of the United States 
vested (55). f America. " 

Under the Confederation, there was no such officer as a 
President of the United States. There was an Executive 
Committee of thirteen, one from each State, having no 
power except during the recess of Congress. Congress 
possessed the executive power while in session. 

Energy in the Executive is one indispensable character- 
istic in the definition of good government, for the duty 
of this department is to see that the laws are faithfully 
and promptly executed. A feeble Executive implies a 
feeble execution of the government. A feeble execution 
is but another phrase for a bad execution ; and a govern- 
ment ill executed, whatever it may be in theory, must be 
a bad government in practice. 

The convention that formed the Constitution deliberated 
some time on the question whether to place the executive 
power in the hands of one or of several individuals. It 
was believed by all that, in the hands of one, the executive 
power would be more prompt and energetic ; and this view 
settled the question. It is supposed to give a stronger 
sense of personal responsibility. 

202 



EXECUTIVE. 203 

The Constitution says, " He shall hold his office during 
the term of four years." u. Executive 

In the Constitutional Convention the Terrn (55 >- 
period for which the Executive should be elected was a 
subject on which there was much debate and difference of 
opinion. 

The several periods of one, two, three, four, six, and ten 
years, each had its advocates ; and some members were 
in favor of an Executive for life, or during good behavior. 
Four years, the term finally adopted, was the result of 
compromise. 

The Executive term should not be so short as to give 
no opportunity to test the utility of its measures ; nor, on 
the other hand, should it be so long as to allow a corrupt 
and obstinate Executive to afflict the country with perma- 
nent mischief and disaster. 

The presidential term commences on the fourth day of 
March next after the President's election ; and in case of 
his death, removal, or resignation during his term, the 
person who succeeds to the duties of the office serves the 
unexpired portion of the term only. 

President Grant, at his second inauguration, entered on 
the twenty-second presidential term since the adoption of 
our Constitution. 

The Constitution says, " No person, except a natural- 
born citizen, or a citizen of the United States at the time of 
the adoption of this Constitution, shall be 

,. -, ■ , m r -r* • 1 • , XJJ < Eligibility. 

eligible to the office of President; neither 
shall any person be eligible to that office who shall not 
have attained to the age of thirty-five years, and been four- 
teen years a resident within the United States." 

The Constitution requires that the Presi- . ,_ 

1, -. r , 1- Citizenship (59). 

dent shall be a natural-born citizen of the 

United States, or a citizen at the time of the adoption of 

Short, Civ. Gov.— 14 



204 CIVIL GOVERNMENT. 

the Constitution. This is a necessary restriction, when we 
consider the sacredness of the trust committed to the 
charge of the Executive. 

Several of the sovereigns of Great Britain were persons 
of foreign birth. This qualification destroys any hopes 
that any intriguing foreigner might indulge of becoming the 
chief Executive of our Republic. 

But throughout the bloody struggle of the American 
revolution our fathers were greatly assisted by the aid of 
many citizens who were natives of other countries. It 
would have been ungenerous and ungrateful to have ex- 
cluded this class of citizens from all possibility of attaining 
to any office, however exalted, under a government which 
they had sacrificed so much to establish. 

But the clause giving eligibility to a citizen at the time 
of the adoption of our Constitution, though of foreign 
birth, has become practically obsolete by the lapse of time. 

The Executive is eligible to reelection without limita- 
tion; but thus far in our history no Executive has been 
elected to the office beyond the close of his second term. 

The age required was regarded as necessary to give the 
candidate for this office sufficient time to demonstrate his 
character, and to enable his fellow-citizens 
to judge of his fitness for the high position of 
chief Executive of a great nation. The mental faculties are 
usually in full vigor at this age ; and opportunities must have 
been afforded for long public service, and for varied and 
large experience in the public councils. 

A residence of fourteen years within the United States is 

required. It might be presumed that long and continued 

residence abroad would create not only 

3. Residence {59). . 

indifference for the country of one s birth, 
but a partiality for the institutions of other countries with 
which he has long been familiar. 



EXECUTIVE. 205 

This long residence in the United States is intended not 
only to give opportunity for an extensive acquaintance on 
the part of his fellow-citizens with the candidate for this 
office, but also to furnish him with the requisite knowledge 
of the wants and institutions of the country. 

Questions. 

1. In whom is the executive power vested? 

2. In whom was it vested under the Confederation ? 

3. What does a feeble Executive imply ? 

4. What does that imply? 

5. Give the views of the convention on the unity of the Executive. 

6. How long is the Executive term ? 

7. What variety of opinion was there on the Executive term? 

8. When does the term commence? 

9. What is the number of the present Executive term? 

10. What are the conditions of eligibility? 

11. Who might be President though foreign born? 

12. Why is the age named necessary ? 

13. Why is so long a residence required? 



LESSON LVII. — EXECUTIVE, Continued. 

There are but two ways of electing a chief magistrate 
of the United States. The first method is by electors ap- 
pointed for that purpose : and, if this meth- 

1 r m 1 1 • 1 , 1 TT IF. Mote elected. 

od fails, the election devolves on the House 

of Representatives. We will consider the two methods. 

In the convention that formed the Constitution, there 
were three methods proposed for electing a President. 
The first plan was by the two Houses of 

_, . . . „ . 1. Electors. 

Congress on joint ballot. The second was 
by electors to be appointed by the several State Legisla- 
tures. The third was, and this prevails, to elect by electors 
appointed in such manner as the several State Legislatures 



206 CIVIL GOVERNMENT. 

might direct. The Constitution gives Congress the power 
to determine the time of choosing the electors. Congress 
has fixed by law that electors shall be chosen throughout 
the United States on the first Tuesday after the first Mon- 
day in the month of November of the year of the presiden- 
tial election. 

The electors in the several States are elected by the 
people, in the manner prescribed by the Legislatures of the 

(«) Appoint- respective States. No senator, representa- 
ment(56). tive, or other person holding a place of 
trust or profit under the United States, can be an elector 
of President and Vice-President. Thus the sense of the 
people more distinctly prevails than it would were the 
choice of President confided to persons holding other 
official positions. 

The number of electors corresponds with the number 

of senators and representatives to which the States are 

respectively entitled in Congress. Thus each State has 

about the same influence in the election of 

(b) Number (56). _ . , ^ 

President and Vice-President that it has in 
the national councils. 

There are certain steps to be taken by the electors 
after their appointment, which are defi- 

(c) Proceedings. . , 

nitely specified by the Constitution. 

The first step to be taken by the electors after their 

appointment is to meet in their respective States. By a law 

of Congress, the State Legislature is author- 
ise Meeting (57). . , ' , , 

ized to direct as to the place of meeting. 
This place is generally, perhaps in all cases, the capital of 
the State. The meeting of the electors, by law of Congress, 
takes place on the second Monday in January next after 
they are chosen. All the electors meet on the same day. 

The meeting is a mere matter of form. They are ex- 
pected to cast their votes for the candidates of the political 



EXECUTIVE. 207 

parties according to previous pledges. No discussion of 
the merits of the candidates takes place. The electors 
are chosen wholly with reference to particular persons who 
have been put in nomination at a convention called for 
that purpose. This, however, is a gross perversion of the 
intention of the authors of the Constitution. It is the 
result of modern political party management. 

The votes must be given by ballot for President and 
Vice-President, one of whom, at least, shall not be an 
inhabitant of the same State with them- 

1 a J- .w • • 2d > Voting (57). 

selves. According to this provision, a 
State would lose its vote if given for candidates both of 
whom w r ere citizens thereof. They shall name in their 
ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President. 

The electors are required by the Constitution to make 
distinct lists of all persons voted for as President, and 
of all persons voted for as Vice-President, 3d, Making 
and of the number of votes for each. Lists (57) - 

These lists are to be signed and certi- 4th > Si 9 ni ^9 and 

certifying Lists 

ned by the electors. (57). 

These lists are to be transmitted to the 5thj Transmit 
seat of the government of the United States, ting Lists (57). 

These certificates are to be directed to eth, Directing 
the president of the Senate. JLists ( < 5r >- 

By law of Congress, the electors are to make and sign 
three certificates of all the votes given. They are to seal 
up these certificates, and to certify on each that a list of the 
votes of their States respectively for President and Vice- 
President is contained therein. 

They shall appoint a person to take charge of and de- 
liver one of these certificates to the president of the Senate 
at the seat of government before the fourth Monday of 
January then next ensuing. 



208 CIVIL GOVERNMENT. 

Another of the certificates is to be forwarded forthwith 
by mail to the president of the Senate at the seat of gov- 
ernment. 

The third certificate is to be delivered to the judge of 
the district court in which the electors assemble. 

It will be observed that the certificates are now in the 
hands of the president of the Seriate, and 

(d) In Congress. . 

the steps are to be taken tor canvassing 
the votes certified therein. 

A joint meeting of the two Houses of Congress is then 
1st, joint Meet- called ; and this takes place, by law of 
ing (57). Congress, the second Wednesday of Feb- 
ruary following the reception of the certificates. The meet- 
ing is in the Hall of Representatives. 

" The president of the Senate shall, in presence of the 
%d, opening Cer~ Senate and House of Representatives, open 

tificates (57). a n the certificates. " 

" The votes shall then be counted. " The counting of 

3d, counting the votes is done by tellers appointed for 
Votes (57). tnat p Ur pose by the House and the Senate. 

On one occasion, in 1877, Congress by special law con- 
stituted an Electoral Commission consisting of five sena- 
tors, five representatives, and five justices of the Supreme 
Court, who were authorized to count the votes and declare 
the result of the election. 

The Constitution says, " The person having the greatest 
number of votes for President shall be the President, if such 
number be a majority of the whole number of electors ap- 
pointed." 

But if no candidate shall receive a majority of the elect- 
ors appointed, then, by the Constitution, the election of that 
officer devolves upon the House of Representatives. 

This occurred in the year 1825, and may occur at any 
election when there are three or more candidates. 



executive. 209 

Questions. 

14. How many methods of electing a President, and what are they ? 

15. How many and what plans were proposed ? 

16. How are electors appointed ? 

17. Who may not be appointed electors? 

18. Why is this ? 

19. How many electors for each State ? 

20. What are the various steps required to be taken by the electors ? 

21. What restrictions on the voting? 

22. How must the lists be transmitted ? 

23. What are the steps for canvassing the votes in Congress ? 

24. What is the result ? 



LESSON LVIII. — EXECUTIVE, Continued. 

When the people fail to elect the chief Executive, it 
seems proper to refer the matter for decision to the House 
of Representatives. This seems to be the 2 . Mouse of 
most appropriate body, as the members of Representatives. 
which it is constituted are chosen by the popular voice, and 
are the more immediate representatives of the people. 

The Constitution says, " A quorum for this purpose shall 
consist of a member or members from two 
thirds of the States, and a majority of all («) Quorum (57). 
the States shall be necessary to a choice. ,, 

A majority can transact the ordinary business of legis- 
lation ; but the election of a chief magistrate of the nation 
was regarded by the authors of the Constitution as a matter 
of such grave interest to the country, that they inserted this 
provision with unanimity. 

When the election takes place in the House, the selec- 
tion must be made from the persons already voted for by 
electoral vote. The House is not at liberty (&) Eligibility 
to take up a new candidate; but their se- ( 5r >- 

lection must be confined to those receiving the highest 



2IO CIVIL GOVERNMENT. 

numbers, not exceeding three, on the list of persons voted 
for as President. This provision is made for the purpose 
of excluding from the list all such persons as receive but a 
small number of the electoral votes. 

In choosing the President by the House of Representav 

tives, the Constitution requires that the votes shall be taken 

by States, the representation from each State 

(c) Voting (57). / . * . 

having one vote. L here is a greater chance 
of an election, when there are three or more candidates, in 
this mode than by a mere representative vote according 
to numbers, as the same divisions would probably exist in 
the popular branch as in their respective States. 

The vote must be taken by ballot. 

As a majority of all the States is necessary to a choice, 
it might so happen that the House of Representatives 
would be unable to elect a President. For instance : were 
there three candidates before the House, one might receive 
the votes of fourteen States, and the other, two the votes 
of twelve States each ; in which case there would be no 
choice, as neither would have a majority of all the States. 
The House might continue to vote with the same, or 
nearly the same, result until the fourth day of the next 
March, at which time the House would lose jurisdiction 
of the subject, and could vote no longer. 

The Constitution makes provision for precisely this con- 
dition of things. The following would be the result : — 

" And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the 
death, or other constitutional disability, of the President." 

It will be seen, in considering the election of the Vice- 
President, that no possible contingency can arise to prevent 
the election of that officer. 



EXECUTIVE. 211 



Questions. 

25. What if no candidate is elected by this process? 

26. What is a quorum for election in the House? 

27. Why are so many required for a quorum ? 

28. To whom is the election in the House confined ? 

29. Why is this so? 

30. How are the votes taken? 

31. How many votes are necessary to a choice? 

32. How long may the House continue to vote if they do not suc- 

ceed in electing a President ? 

33. What if the House finally fail to elect? 



LESSON LIX. — EXECUTIVE, Continued. 

Before the President enters on the execution of his office, 
he is required to solemnly swear or affirm that he will 
faithfully execute the duties thereof, and, jr. Oathof 
to the best of his ability, preserve, protect, office (62). 
and defend the Constitution of the United States. 

Mr. Justice Story says, " This is a suitable pledge of his 
fidelity and responsibility to his country, and creates upon 
his conscience a deep sense of duty, by an appeal at once, 
in the presence of God and man, to the most sacred and 
solemn sanctions which can operate upon the human 
mind." 

The Constitution says, " The President and Vice-Presi- 
dent, and all civil officers of the United yi. Hotvremov- 
States, shall be removed from office on able (67). 
impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors." 

This subject has been noticed in treating of the Senate 
of the United States (see the author's larger work, Analy- 
sis of Civil Government). 



212 CIVIL GOVERNMENT. 

The Constitution says, "The President shall, at stated 
times, receive for his services a compensation, which shall 
neither be increased nor diminished during 
the period for which he shall have been 
elected; and he shall not receive within that period 
any other emolument from the United States, or any of 
them." 

Without this clause, the Executive would be dependent 
for his support on the will of Congress. By securing their 
favor, his salary might be greatly enlarged ; and, by incur- 
ring their displeasure, it might be greatly diminished. His 
salary cannot be changed during his term of office. 

From the beginning of the Executive office under our 
government to the close of President Grant's first term, 
1873, the salary was twenty-five thousand dollars a year. 
From the commencement of his second term, March 4, 1873, 
it has been fifty thousand, and will probably permanently 
remain at that sum. In addition to his salary, which is 
fixed by law of Congress, he has the use of the White 
House, as the presidential mansion is called. It is also 
furnished for him and taken care of, the grounds cultivated, 
his fuel and light provided, and many other things at the 
expense of the public treasury. 

Questions. 

34. What is the President's oath of office ? 

35. What does Judge Story say about this oath? 

36. How is the President removable? 

37. What is the constitutional provision about his salary? 

38. What is the advantage of this provision ? 

39. What was the salary until President Grant's second term, and 

what is it now ? 

40. What is furnished him besides his money salary? 



EXECUTIVE. 213 



LESSON LX.— EXECUTIVE, Continued. 

The Constitution says, "The President shall be com- 
mander-in-chief of the army and navy of the United 
States, and of the militia of the several VI j Im Toners 
States when called into the actual service and Duties. 
of the United States." *' *»«•■■*<«>■ 

It is not to be inferred from this clause of the Constitu- 
tion that the President is actually to take command in 
person in case of war. This is not the intention, though 
he has the power were he so disposed. It might be proper 
that the President should actually place himself at the 
head of an army in the field, were he known to be an 
experienced and skillful military commander. 

He is the head of the army in the same sense that he is 
the head of the nation. He may control its general oper- 
ations and movements. He directs the application of the 
military force in the execution of the laws, in maintaining 
peace at home, and in resisting foreign aggression. These 
duties are of an executive character, and are properly 
vested in the President, that unity of plan, promptitude, 
activity, and decision may be secured. 

For the same reasons, the Executive is made commander- 
in-chief of the militia of the several States when called 
into the actual service of the United States. In order 
that there may be unity of action, uniformity of training 
and discipline, and concert of purpose, it is necessary that 
regulars and militia should be subordinate to a single head. 

The Constitution says, " He may re- # # civil. 
quire the opinion in writing of the prin- («) Departments 
cipal officer in each of the executive depart- 
ments on any subject relating to the duties of their respec- 
tive offices.'' 



214 CIVIL GOVERNMENT. 

The Constitution says, " He shall have power to grant 
(6) Reprieves and reprieves and pardons for offenses against 

Pardons {63). t h e United States, except in cases of im- 
peachment." 

A reprieve is the temporary suspension of the execution 
of sentence, especially the sentence of death. A pardon 
is the remission of a penalty, and a release of the offender 
from punishment. Reprieves may become necessary or 
expedient on account of doubts of guilt, arising from the 
discovery of new testimony after sentence and before 
execution ; or considerations of public policy may require 
a like interference. The same reasons might justify the 
grant of a full pardon. 

Discretionary power over such cases should be vested 
somewhere, " as the law cannot be framed on principles 
of compassion." The chief executive magistrate should 
be allowed to hold a court of equity in his own breast, to 
soften the rigor of the general law in such criminal cases 
as may merit an exemption from punishment, or as may 
properly plead for temporary delay of execution of sen- 
tence. 

There is no power under our government to extend 
pardon to a person convicted on impeachment. 

The Constitution says, " He shall have power, by and 
with the advice and consent of the Senate, 

(c) Treaties {64). . ' 

to make treaties, provided two thirds of 
the senators present concur." 

The definition of treaty will be found in the chapter on 
the " Senate of the United States." 

In forming treaties, the entire plan, with all its condi- 
tions and stipulations, is settled through the President on 
the part of the United States. He acts through ambas- 
sadors and foreign ministers duly accredited by our govern- 
ment, or commissioners specially appointed for the purpose. 



EXECUTIVE. 2 IS 

The entire proposed treaty is submitted to the Seriate 
by the President. The Senate discusses it in secret session. 
No treaty can be complete, on the part of our government, 
until ratified by the Senate. 

Questions. 

41. What is the President's military position? 

42. In what sense is he the head of the army ? 

43. What may he require of department officers ? 

44. What power has he over reprieves and pardons? 

45. What are they? 

46. When may they become necessary ? 

47. What is said of pardon in cases of impeachment? 

48. What power has the President over treaties ? 

49. What is a treaty ? 

50. Who settles the plan of treaties on the part ot government? 

51. Through whom does he act? 

52. What is necessary to the completion of a treaty? 



LESSON LXI. — EXECUTIVE, Continued. 

The Constitution says, " He shall nominate, and, by and 
with the advice and consent of the Senate, shall appoint, 
ambassadors, other public ministers, and (<j) Appoint- 
consuls, judges of the Supreme Court, and nients ( 6 *) («*). 
all other officers of the United States whose appointments 
are not herein otherwise provided for, and which shall be 
established by law." 

When nominations are made by the President, they are 
presented to the Senate in writing ; and this body acts 
upon them in secret session, and under the injunction that 
discussions on their merits or the qualifications of the 
nominees shall be kept secret. A majority of the Senate 



2l6 CIVIL GOVERNMENT. 

decides the question of confirmation or rejection of the can- 
didate nominated. 

If the nominee is confirmed, or the nomination ratified, 
the President issues a commission accordingly, unless, in 
the mean time, he has concluded to decline it, which he is 
at liberty to do ; in which case, he may make another 
nomination. 

An ambassador is a minister of the highest rank, employed 
by government to represent it, and to manage its interests 
at the court or seat of government of some other power. 

The word " minister,'' as used in the Constitution, has 
nearly the same signification as " ambassador," especially 
" minister plenipotentiary." 

A consul is a person commissioned to reside in a foreign 
country^ as an agent or representative of a government, to 
protect the rights, commerce, merchants, and seamen of the 
State, and to aid in any commercial, and sometimes in dip- 
lomatic, transactions with such foreign country. 

The judges of the Federal courts are the judicial officers, 
and are the only ones under our government whose appoint- 
ments are for life, or during good behavior. 

The other officers include the heads of the several exec- 
utive departments, and constitute what is called the Presi- 
dent's cabinet. They are the secretary of state, secretary 
of the treasury, secretary of war, attorney-general, postmas- 
ter-general, secretary of the navy, secretary of the interior, and 
secretary of agriculture. They also include military officers. 

The President is also authorized by the following clause 
of the Constitution to make special appointments to fill 
vacancies : — 

"The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of their 
next session." 



EXECUTIVE. 217 

The power of the President to revoke any appointments 
made on his nomination and confirmed by the Senate, is 
denied by law of Congress, though he has the power of 
suspension for a limited period (see the author's Analysis of 
Civil Government on this subject). 

The Constitution says, " He shall from time to time give 
to the Congress information of the state 

& (e) Messages (66). 

of the Union, and recommend to tneir 

consideration such measures as he shall judge necessary 

and expedient." 

Under this clause the practice originated, and has con- 
tinued, of delivering formal messages, annual and special, 
to Congress. The President has means of information on 
all subjects, foreign and domestic, far superior to those be- 
longing to any other branch of the government. 

On account of his intimacy with the heads of depart- 
ments, he may be presumed to be in possession of valuable 
information regarding the workings of the laws, the systems 
of trade, finance, and the operations of the judiciary, mili- 
tary, naval, and civil establishments of the Union. He is 
therefore qualified to communicate information on these 
subjects in the most practical form, and to recommend such 
measures as may be necessary for the correction of any 
defects which may have become apparent. 

Questions. 

53. What control has the President over appointments ? 

54. How does he present his nominations to the Senate? 

55. How does the Senate act upon them? 

56. What is an ambassador? 

57. What is a minister? 

58. What is a consul? 

59. What is said of judges of the Supreme Court? 

60. What are the other officers whom the President may nominate 

and appoint ? 

61. When may the President fill vacancies? 



2l8 CIVIL GOVERNMENT. 

62. What is the constitutional provision about messages? 

63. What practice has grown out of this provision? 

64. What are the President's means of information on the state of 

the Union ? 



LESSON LXIL — EXECUTIVE, Continued. 

The Constitution says, u He may, on extraordinary occa- 
sions, convene both Houses, or either of them ; and, in case 
of disagreement between them with respect 

(/) Congress. S . ■ * 

• to the time of adjournment, he may ad- 
journ them to such time as he shall think proper." 

Events may occur, entirely unforeseen by the Congress 
at its last session, imperiling the interests of the country, 
1st, Convocation and requiring the immediate convocation of 
(66). tnat body. An event of this kind trans- 

pired in the month of April, 1861, from the date of which 
hostilities became general between the North and the South. 
President Lincoln summoned Congress to meet the fourth 
day of the following July. 

The power to call a meeting of Congress must be vested 
somewhere; and that it should be committed to the dis- 
cretion of the Executive, all agree. 

It might be barely possible that Congress should fail to 
agree on the time of adjournment ; and, should such an 
2d, Adjournment exigency arise, the Executive seems the 
(6<>)> most suitable third party to interfere for 

the peaceable termination of the controversy. In England 
the sovereign convenes and prorogues the Parliament. 

When a bill passes both Houses of Congress, it is pre- 
sented to the Executive for his signature. Should he 
approve it, he signs it : but if not, he returns 

3d, Veto (24) (25). . ^ . _ , \ _ ? . ' , TT 

it, with his objections, to the House in 
which it originated. These objections are called the Pres- 
ident's veto. 



EXECUTIVE. 219 

But his veto is not absolute, only qualified : for, if it 
shall be repassed by a vote of two thirds of each House, 
it becomes a law notwithstanding the President's objec- 
tions (see Paragraphs (24) and (25) of the Constitution). 

The Constitution says, " He shall receive 

(g) Reception (66), 

ambassadors and other public ministers." 

The reception of ambassadors and other public ministers 
is a recognition of the national character and standing of 
the countries which they represent. Their reception may 
therefore become a very nice and delicate question with 
the Executive. 

The Executive is not obliged to receive an ambassador 
or public minister, even though he comes clothed with 
proper authority from a nation with whom we are at peace, 
and which is recognized among the great family of nations. 

Although it requires the assent of the Senate, when 
that body is in session, to send an American minister to a 
foreign court, it does not require their assent to receive 
foreign ministers at our own capital. In such cases the 
President is the sole organ of recognition (see author's 
Analysis of Civil Government). 

The Constitution says, " He shall take care that the laws 
be faithfully executed." w Executor of 

This clause makes it the duty of the the Latvs ( 6 W- 
President faithfully to execute the laws of Congress. When 
a law has been passed by all the forms of legislation, he 
has no discretion. He must not only render obedience to 
the law himself, but must enforce its execution on all others. 
Were he to refuse, he would be guilty of a high misde- 
meanor, and might be removed from office by impeach- 
ment, and otherwise punished according to law.- 

He has ample power to execute the laws, as, for this 
purpose, the whole military force of the country is at his 
command, and under his control. 

Bhort. Civ. Gov.— 15 



220 CIVIL GOVERNMENT. 

The Constitution says, "He shall commission all officers 
(i) commissions of the United States." 

(66 )- A commission is a formal certificate of 

appointment issued by the proper authority. In this case, 
it is signed by the President of the United States, and 
sealed by the secretary of state with the great seal of the 
United States. The commission recites the powers con- 
ferred, with definite certainty; and it is usually delivered 
to the person whose appointment is made by it, though 
delivery is not necessary to the validity of the appointment. 

Questions. 

65. What does the Constitution say about the President adjourn- 

ing and convening Congress ? 

66. Why should this power be vested in the President? 

67. What is said of his veto power ? 

68. What is said about the reception of foreign ministers ? 

69. Why should this duty be assigned to the President ? 

70. What if the President should decline to execute the laws ? 

71. What power has he to execute them? 

72. What is a commission ? 

73. Who commissions the officers of the United States? 



BLACKBOARD EXERCISE. 



Vice-President. 



I. Eligibility (57) 

II. Election. 

i. /// Congress . (57) 

2. In Senate . (57) 

III. Oath of Office . (81f) 

IV. Term (55) 

V. Powers and Duties. 

i. President of 'the Senate . . . (11) 

2. Acting President of the United States (60) (57) 



CHAPTER XX, 

LESSON LXIIL — VICE-PRESIDENT. 



The Constitution says, " No person constitutionally ineli- 
gible to the office of President shall be 

I. Eligibility (57). b 

eligible to that of Vice-President of the 
United States." 

If the Executive office becomes vacant, the Vice-Pres- 
ident performs the duties thereof. He should therefore 
have the same qualifications as President. These are, that 
he must be a natural-born citizen, or a citizen of the 
United States at the adoption of the Constitution ; that 
he must be thirty-five years of age ; and that he must have 
been fourteen years a resident within the United States. 

Four times in our history has a Vice-President been 
called to serve out an unexpired term of the presidential 
office. William Henry Harrison, President, died April 4, 
1 84 1 : John Tyler, then Vice-President, succeeded to the 
duties of the Executive office. Zachary Taylor, President, 
died July 9, 1850: he was succeeded by Millard Fillmore, 
then Vice-President. Abraham Lincoln died April 15, 
1865, having been assassinated : he was succeeded by the 
Vice-President, Andrew Johnson. President James A. 
Garfield died Sept. 19, 1881 ; and Vice-President Chester 
A. Arthur took the oath of office as President on the fol- 
lowing day, 

The Constitution says, " The person having the greatest 



VICE-PRESIDENT. 223 

number of votes as Vice-President shall be the Vice-Pres- 
ident, if such number be a majority of the whole number 
of electors appointed ; and if no person 

rr ; . II. Election. 

have a majority, then, from the two highest 
numbers on the list, the Senate shall choose the Vice- 
President : a quorum for the purpose shall consist of two 
thirds of the whole number of Senators ; and a majority of 
the whole number shall be necessary to a choice." 

The first part of this constitutional clause refers to the 
counting of votes and other proceedings in Congress. If 
no person receives a majority of the elect- t. in congress 
oral votes as Vice-President, of course the ( < 57 ^- 

people have failed to elect that officer. The election must 
now go to the Senate of the United States. 

As just stated, if no person receives a majority of the 
electoral votes, the Senate is to choose the Vice-President 
from the two highest numbers on the list as 

1 „ _. . _ . 2. In Senate (5 7). 

candidates for that office. This renders it 

improbable that the Senate should fail to elect that officer. 

As the Vice-President is the President of the Senate, it 
seems proper that the Senate should elect this officer in 
case of failure to elect by the electors. 

The Senate has chosen but one Vice-President in our 
history. This was Richard M. Johnson, in 1837. 

Questions. 

1. To what office must the Vice-President be eligible? 

2. Why should this be so ? 

3. What are the three conditions of eligibility? 

4. How many times, and in what instances, has the Vice-President 

been called to the presidential office? 

5. In what two ways may the Vice-President be elected ? 

6. To what candidates is the Senate confined in its choice ? 

7. Why is it proper that the Senate should elect this officer? 

8. What Vice-President was elected by the Senate? 



2 24 CIVIL GOVERNMENT. 



LESSON LXI V. — VICE-PRESIDENT, Continued. 

The Vice-President is among the officers required to 
in. Oath of take the oath or affirmation, before enter- 
office (84). i n g on t h e duties of his office, to support 
the Constitution of the United States. 

The official term is four years. The same reasons that 
governed in fixing the presidential term at 

IF. Term (55). ** ,.,,«. 

four years apply with equal force to the 
term of the Vice-President. 

The Constitution says, "The Vice-President of the United 
States shall be president of the Senate, but 

V. Powers and 

Duties. shall have no vote unless they be equally 

1. "President of divided " 
the Senate (11). 

The duties of the Vice-President as 
president of the Senate are such as usually devolve on the 
presiding officer of legislative bodies. He is to preside 
over the deliberations of the Senate, enforce the rules of 
order, maintain due decorum among the members, and 
decide all questions of parliamentary practice. 

The speaker of the House of Representatives has the 
appointment of standing committees ; but the president 
of the Senate does not, as he is not a member of that body. 

He submits all questions, duly made, to the Senate, puts 
to vote all questions brought forward for discussion and 
decision, and makes known the result. 

The Constitution says, " In case of the removal of the 
President from office, or of his death, resig- 

2. Acting Presi- . ..... 

dent of the nation, or inability to discharge the powers 
United states an( j duties of the said office, the same shall 

devolve on the Vice-President." 
He is also to act as President, if the House of Represen- 
tatives shall fail to elect that officer when the right of 
choice shall devolve on them. 



VICE-PRESIDENT. 225 

When the Vice-President acts as President, which has 
been the case several times in our history, he has uni- 
formly been recognized as President by both Houses of 
Congress (see Analysis of Civil Government, by the author). 

Questions. 

9. What is the nature of the Vice-President's oath of office ? 
10. How long is the term of the Vice-President, and why? 
n. What are the powers and duties of the Vice-President? 

12. Wherein do his duties differ from those of the speaker of the 

House? 

13. In what cases do the duties of the Executive devolve on the 

Vice-President ? 
id. in such cases, what is his title of office ? 



BLACKBOARD EXERCISE. 



Judicial. 



I. Where vested. 

i. Supreme Court . 
2. Inferior Courts 
II. Judges. 

i. How appointed. 

(a) Presidmt 

(b) Senate 

2. 0tf//& 0/" Q^tf . 

3. Tenure of Office 

4. Zfo#> removable 

5. Salary \ 
III. Jurisdiction. 

1. Limitation . 

2. Original . 

3. Appellate , 



(«») 

(«0 



(^) 

(67) 
(65) 

'<«*) 

(70) 



226 



CHAPTER XXI. 

LESSON LXV. — JUDICIARY. 



To establish justice was one of the principal objects, as 
expressed in the Preamble, to be secured by the adoption 
of the present Constitution of the United „ .„ . 

r Necessity of a 

States : hence it was necessary to create a sationai Judu 
national judiciary. A government having Cl " r!/, 

no judiciary that commands the respect of the people is 
wanting in one of the essential elements of stability. 

There was no national judiciary under the Confederation; 
and, of course, there were no national courts. The only 
courts were State tribunals. The State Legislatures often 
passed laws favoring their own respective localities, and 
State courts were too ready to disregard the decisions of 
coordinate tribunals of neighboring States. 

Treaties formed between the Confederation and foreign 
nations were recklessly disregarded by the State Legisla- 
tures as well as by the State courts. In several instances 
this open disregard of the plighted faith of the nation threat- 
ened to involve the whole country in war. 

Laws were passed by the State Legislatures, in many in- 
stances, in open defiance of the sacredness of private con- 
tracts between man and man. Remedies for the recovery 
of debts were suspended. Debtors were authorized to ten- 
der any sort of property, even though nearly worthless, in 
payment of debts that had been contracted to be paid in 
money. 

221 



228 CIVIL GOVERNMENT. 

Insolvent laws were enacted by some of the States, the 
effect of which, when applied to the relations of debtor 
and creditor, practically amounted to a complete discharge 
of indebtedness without consideration. 

Laws were also passed making the most unjust and 
invidious distinctions in favor of the citizens of the States 
enacting them, and against foreigners and citizens of 
neighboring States. In fact, the American judiciary be- 
came a matter of contempt at home and of burlesque 
abroad. 

There were other evils that called loudly for remedy. 
Some related to the welfare of our foreign commerce, 
some to the conflict of interests between citizens of differ- 
ent States, some to the relief of foreigners who had given 
credit to our citizens ; others related to territorial disputes 
between different States, and still others to titles of lands 
under grants from different States. 

So loose and reckless had the legislative and judicial 
administration of affairs become, that it was conceded by 
all parties, that, unless some effectual remedy were applied, 
our political institutions must crumble into ruins. 

Questions. 

i. What was one of the objects of the Constitution? 

2. What necessity did this create? 

3. What is said of a government having a feeble judiciary? 

4. What kind of courts were under the Confederation ? 

5. What did the State Legislatures and State courts do ? 

6. What was the result ? 

7. What danger appeared? 

8. What kind of State laws were passed ? 

9. How did these affect creditors? 

10. What distinctions were made in some of the State laws ? 
n. What other evils existed, arising from a defective judiciary? 
12. What was the opinion of all political parties of that day? 



JUDICIARY. 229 



LESSON LXVL — JUDICIAL. 

The Constitution says, " The judicial power of the United 
States shall be vested in one Supreme 

I. Where vested. 

Court, and in such inferior courts as the 

Congress may from time to time ordain and establish." 

The Supreme Court is a part, and only a part, of the 
national judiciary. It is established by the ± u supreme court 
Constitution, but organized by Congress. ( 68 )- 

The judges of the Supreme Court at present are one 
chief justice, and eight associate justices, any six of whom 
constitute a quorum. 

Ever since this court was organized, September, 1789, 
it has had a chief justice ; but the number of associate 
justices has been varied several times by acts of Congress. 
At first the number was fixed at five ; March 3, 1837, at 
eight j March 3. 1863, at nine; April 10, 1869, at eight, 
the present number. 

This court holds one term a year in the city of Wash- 
ington, beginning on the second Monday in the month of 
October. 

The establishment of inferior tribunals would seem to 
result necessarily from the establishment 2. inferior Courts 
of a Supreme Court. Recourse could not ( 68 l 

be had to the Supreme Court in all cases which might 
properly be subjects of Federal adjudication. 

It would be out of the power of any single court to dis- 
pose of the immense amount of business that would be 
sure to demand their attention. Without inferior tribunals 
easy of access, the sanctuary of justice would be closed to 
the great majority of American citizens. 

Under the authority to establish inferior tribunals, each 
State or district can have a Federal court or courts compe- 



230 CIVIL GOVERNMENT. 

tent to the adjudication of all matters of Federal jurisdic- 
tion within its limits. 

The United States are divided, for judicial purposes, into 
nine circuits, and these circuits into districts. Each judge 
of the Supreme Court is allotted to a circuit, and is required 
to attend at least one term of the circuit allotted to him once 
in every two years. Two circuit and one or more district 
judges are appointed for each circuit and district respec- 
tively, wherein they hold circuit and district courts. 

In each circuit there is also a circuit court of appeals, 
consisting of three judges, of whom two constitute a quorum. 
There are no judges appointed specially for this court. The 
justice of the Supreme Court, and the circuit and the district 
judges, can sit in it. 

These three kinds of courts, with the supreme court in 
the District of Columbia, which has a chief justice and three 
associate justices, are, in the constitutional sense, inferior 
courts. 

Thus there are five classes of Federal courts : — 

1. The Supreme Court of the United States, established 
by the Constitution, but organized by Congress. 

2. The circuit courts of appeal, established and organized 
by Congress. 

3. The circuit courts of the United States, established 
and organized by Congress. 

4. The district courts of the United States, established 
arid organized by Congress. 

5. The supreme court of the District of Columbia, also 
established and organized by Congress. 



JUDICIARY. 231 



Questions. 

1. Where is the judicial power vested? 

2. What is the Supreme Court ? 

3. How established and organized? 

4. How many judges of the Supreme Court ? 

5. When and what have been the changes as to justices ? 

6. When and where does the court hold its term? 

7. What is the necessity of inferior courts ? 

8. How is the United States divided for judicial purposes? 

9. Who presides over circuit courts? 

10. What are the inferior courts? 

11. What court in the District of Columbia, and what judges 

thereof ? 

12. How many and what classes of Federal courts? 



LESSON LXVII. — JUDICIAL, Continued. 

The mode of appointing the judges has been noticed in 
treating of the Executive powers. The power is expressly 
given to the President in the Constitution, IT Judaes 
by and with the advice and consent of 1. h.ow appointed 
the Senate, to appoint the judges of the 
Supreme Court; but nothing is said therein about the 
method of appointing the judges of the inferior courts. As 
the judges of circuit have concurrent powers with the 
justices of the Supreme Court in their circuits, there is no 
question with regard to them. 

But whether the judges of the district courts, and the 
supreme court of the District of Columbia, are inferior 
officers in the constitutional sense, so that Congress may 
provide for their appointment, has never been settled by 
adjudication. . But thus far the uniform practice has been 
to regard them not as inferior officers ; but their appoint- 
ments have been made by the President, with the concur- 



232 CIVIL GOVERNMENT. 

rence of the Senate, the same as judges of the Supreme 
Court. 

The oath of office of all Federal judicial officers is the 
same as that of officers of the Dther departments of govern- 
2. Oath of office ment ; that is, that they will support the 
(* 4 )- Constitution of the United States, and, to 

the best of their ability, perform the duties of their respec- 
tive offices. 

For reasons well known to the experienced lawyer and 

3. Tenure of jurist, the tenure of office of the judges 
office (68). should be made permanent and secure, 
depending only on their good behavior. 

When the Constitution was before the people for their 
consideration, one of the most gifted statesmen of that day 
gave his views on this subject in the following language : — 

" 1st, That they may be independent and fearless in the 
discharge of their responsible duties, it is necessary that 
they should hold by the will of no man, or set of men. 
They must feel dependent on no earthly power for their 
continuance in office. After appointment, were they in 
any manner dependent on executive, legislative, or pop- 
ular favor, the scales of justice might be doubtfully bal- 
anced, and confidence in the judiciary would be seriously 
disturbed. 

"2d, This independence could hardly be expected from 
judges who hold their offices by a temporary tenure. 
Periodical appointments, however regulated, or by whom- 
soever made, would be fatal to their necessary independ- 
ence. 

"3d, If the power of making them were committed either 
to the Executive or Legislature, there would be danger of 
an improper complaisance to the branch which possessed 
it ; if to both, there would be an unwillingness to hazard 
the displeasure of either ; if to the people, there would be 



JUDICIARY. 233 

too great a disposition to consult popularity, to justify a 
reliance that nothing would be consulted but the Constitu- 
tion and the laws." 

The subject of removal of Federal officers by impeach- 
ment has been fully considered in other 4. sow remova- 
places in this work. The judges of the Me (67). 
Supreme and inferior courts are subject to removal for 
impeachable offenses. 

Provision is wisely made, that, as the judge's salary is at 
the time he enters on the duties of his office, so it shall 
continue to be throughout his official ex- 

1 r l,i fi * ♦ 5. Salary (68). 

istence, unless Congress shall see fit to 
increase it : in other words, it cannot be diminished. To 
allow the legislative authority to diminish the salaries of 
the judges would be to give that authority control over 
their support ; and to control their support is to control 
their will. 

The salary of the chief justice is ten thousand five 
hundred dollars a year ; that of the associate justices, ten 
thousand dollars each. 

The Constitutional provision in reference to this subject 
is as follows : — 

" The judges, both of the Supreme and inferior courts, 
shall hold their offices during good behavior; and shall 
at stated times receive for their services a compensation, 
which shall not be diminished during their continuance in 
office." 

Questions. 

13. By whom are the judges of the Supreme Court appointed ? 

14. By whom are the judges of the other courts appointed ? 

15. What is their oath of office ? 

16. What is their tenure of office? 

17. What reasons are given by an eminent statesman for this? 



234 CIVIL GOVERNMENT. 

18. How are the judges removable? 

19. What is said about the salaries of the judges ? 

20. What is the amount of each ? 



LESSON LXVIIL— JUDICIAL, Continued. 

The Constitution says, " The judicial power shall extend 
to all cases in law and equity arising under 

III tJ~w¥"i/Sdi/C m 

Hon. this Constitution, the laws of the United 

1. Limitation States, and treaties made, or which shall be 
made, under their authority." 

This clause defines the entire jurisdiction of the judiciary 
of the United States, so far as it relates to subject-matter. 
By judicial power, as here used, we are to understand the 
power of the national courts in the administration of justice. 
The word " power " refers to jurisdiction, or the authority 
of the court. 

The subject-matter of a cause in court is the thing or 
question to be decided : the parties are the persons or cor- 
porations legally interested in the decision of the court on 
the subject-matter. 

" The word ' law ■ is generally understood, as defined by 
law-writers, to be the supreme power of the State, through 
its Legislatures, commanding what is right and prohibiting 
what is wrong. 

" The word 'equity/ as applied to judicial proceedings, 
does not mean contrary to law, but it reaches cases to 
which the law cannot be applied by reason of its univer- 
sality. 

" The object of equity jurisprudence is to supply the 
deficiencies of the courts of law, and to render the admin- 
istration of justice more complete, by affording relief 
where the courts of law, in consequence of imperfections 
of their machinery, or of their too rigid adherence to 



JUDICIARY. 235 

peculiar forms, are incompetent to give it, or to give it 
with effect/' 

Jurisdiction is of two kinds, — original and appellate. 

Original jurisdiction is jurisdiction of a cause from its 
beginning. If a party can begin his suit in the Supreme 
Court, for instance, we say the Supreme Court has original 
jurisdiction in the case. If he cannot bring his case into 
that court until it has been first tried in some lower court, 
then we say the Supreme Court has appellate jurisdiction. 

Some kinds of causes can be commenced in either of two 
different courts. Such courts, in such cases, are said to be 
courts of concurrent jurisdiction; that is, either court has 
jurisdiction of such a cause. If there is but one court in 
which a case can be brought, that court is said to have ex- 
clusive jurisdiction. 

The Supreme Court of the United States has original or 
appellate jurisdiction in all cases arising under the Consti- 
tution and laws of the United States, and under treaties, as 
aforesaid. 

Questions. 

21. What is the extent of the judicial power? 

22. What is meant by judicial power as here used ? 

23. What is the subject-matter? 

24. What is the meaning of the word " law " ? 

25. What is the meaning of " equity"? 

26. What is the object of equity jurisprudence ? 

27. How many kinds of jurisdiction, and what is each ? 

28. What is concurrent jurisdiction? 

29. When is a court said to have exclusive jurisdiction ? 



Short, Civ. Gov.— 16 



236 CIVIL GOVERNMENT. 

LESSON LXIX.— JUDICIAL, Continued. 

By constitutional provision the Supreme Court has origi- 

2. Original na * jurisdiction in the following cases : — 

jurisdiction 1. In all cases affecting ambassadors, 
other public ministers, and consuls. 

2. Those in which a State shall be a party. 

The last include controversies, — 

1 st, Between two or more States ; 

2d, Between a State and the citizens of another State ; 
and, 

3d, Between a State or the citizens thereof, and foreign 
states, citizens, or subjects. 

In all the foregoing classes of cases, suits may be com- 
menced in the Supreme Court. 

But by the Eleventh Article of Amendment to the 
Constitution, 

"The judicial power of the United States shall not be 
construed to extend to any suit in law or equity com- 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign state." 

How is a person to obtain relief, then, in case he has a 
claim against a State ? In the first place, it is presumed 
that no wise government will withhold justice from its 
citizens. The citizen to whom the State may be indebted 
can petition the Legislature direct for redress, unless some 
other means have been instituted by the State. 

Again, in some of the States, courts of claims have been 
established for the same purpose, into which the citizen 
can bring his claim, by petition or otherwise, for adjudica- 
tion ; and, if he shows the State to be indebted to him, 
the Legislature will make provision for payment. 

In 1855 a court of claims was established, by act of 



JUDICIARY. 237 

Congress, to hear and determine claims against the United 
States. The demand is presented to the court by petition, 
setting forth specifically its origin and nature ; and the 
party is allowed to prove it by the same rules of evidence 
sa are usually adopted in courts of justice. If a claim 
is established, Congress makes provision for its payment. 
An attorney, called the solicitor of the United States, 
appears in behalf of the government before this court. 

Questions. 

30. In what cases has the Supreme Court original jurisdiction? 

31. What restrictions are included in the Eleventh Article of 

Amendment? 

32. How is relief to be obtained against a State ? 

33. When, and for what purpose, was a court of claims established ? 



LESSON LXX. — JUDICIAL, Continued. 

By the Constitution the Supreme Court has appellate 
jurisdiction, both as to law and fact, with 3 Appellate 
such exceptions, and under such regula- Jurisdiction 
tions, as Congress shall make, (/ )# 

1st, In all cases of admiralty and maritime jurisdiction. 

2d, In controversies to which the United States shall 
be a party. 

3d, Between citizens of different States. 

4th, Between citizens of the same State claiming lands 
under grants of different States. 

What is meant by appellate jurisdiction has already 
been explained. By cases of admiralty and maritime 
jurisdiction, reference is had to the power to try and 
determine, on appeal, all causes originating on the high 
seas, or on rivers, ports, or harbors communicating with 
the sea, and out of the reach of ordinary courts of justice. 



238 CIVIL GOVERNMENT. 

Admiralty causes must arise wholly on the sea or on 
waters immediately communicating with the sea, and not 
within the jurisdiction of any country. On the high seas, 
all nations claim a common right and a common jurisdic- 
tion ; and therefore causes originating there should come 
exclusively under the jurisdiction of the national courts. 

They cannot be brought, however, in the first instance, 
into the Supreme Court of the United States, but may be 
appealed into that court after having been commenced 
and tried by a lower court of the United States, which, 
by a law of Congress*, is an admiralty court. 

The subjects for adjudication which properly come into 
courts of admiralty are, captures in war made on the 
high seas, captures in foreign ports and harbors, captures 
made on land by naval forces, and captures made in the 
rivers, ports, and harbors of the captor's own country. 

If an American, commissioned with letters of marque 
and reprisal, shall makes captures as aforesaid, it is his 
duty to bring them into the court for adjudication. If 
the court shall decide that the things in controversy were 
lawfully captured, and according to the usages of war and 
law of nations, they are awarded to the captors. If the 
decision is that they were unlawfully seized, they will be 
awarded by the court to the owners, with damages for 
detention. 

The ordinary admiralty and maritime jurisdiction also 
embraces all civil and criminal cases of a maritime nature. 
The district courts of the United States, however, as courts 
of admiralty and maritime jurisdiction, are limited to the 
trial of crimes and offenses for which but moderate pun- 
ishment is inflicted. The graver and higher crimes are 
referred to the circuit courts as courts of admiralty. 

Controversies in which the United States shall be a 
party are to be adjudicated in the Federal courts. Cases 



JUDICIARY. 239 

in which the whole people are interested should not be 
left to the decision of a State court. The United States 
must bring suit, however, in the first instance, in the in- 
ferior courts, — that is, in the district or circuit courts^ — 
and cannot reach the Supreme Court except by appeal. 

" Unless this power were given to the United States, 
the enforcement of all their rights, powers, contracts, and 
privileges, in their sovereign capacity, would be at the 
mercy of the States. They must be enforced, if at all, in 
the State tribunals. Not only would there be no compul- 
sory power over those courts to perform such functions, 
but there would be no means of producing uniformity in 
their decision. " 

By act of Congress a citizen of one State may bring 
suit against a citizen of another in the circuit court of the 
United States in civil matters, provided the matter in 
controversy exceeds five hundred dollars exclusive of costs. 
An alien may sue or be sued in this court also for the 
same amount ; and these courts have original jurisdiction 
also in matters relating to the United States revenue and 
to copyrights, being cases that arise under the law T s of the 
United States. In all these cases the Supreme Court has 
appellate jurisdiction only. 

Controversies between citizens of the same State claim- 
ing lands under grants of different States must be adju- 
dicated in the United States courts. State courts can- 
not be supposed to be unbiased in cases of this nature. 
Claims to lands under grants of different States, founded 
on adverse pretensions of boundary, w r ould almost forbid 
the possibility of judicial fairness, candor, and impartiality 
on the part of the State courts cf either granting State. 

With the expansion of the country and the increase of 
its population, the cases brought before the Supreme Court 
on appeal became so numerous that their decision was 



240 Civil government. 

often delayed for several years. To relieve this pressure 
of business, Congress, in the exercise of its constitutional 
prerogative to regulate the appellate jurisdiction of the 
Supreme Court, created, in 189 1, the circuit court of appeals. 
This court has appellate jurisdiction only. Certain cases 
which formerly were appealed directly to the Supreme 
Court must now be appealed to the circuit court of ap- 
peals. Under certain restrictions and limitations, an 
appeal may be taken from this court to the Supreme 
Court. 

Questions. 

34. In what cases does the Supreme Court have appellate juris- 

diction ? 

35. By what power may this jurisdiction be restricted ? 

36. To what do cases of admiralty and maritime jurisdiction refer < 

37. Where must admiralty causes arise ? 

38. Why should these causes be confined to the national courts ? 

39. What are the subjects for admiralty courts ? 

40. What is the duty of an American who makes captures under 

letters of marque and reprisal ? 

41. What is the result of trial in such cases? 

42. What crimes may be tried in the district courts ? 

43. Where are the higher crimes tried ? 

44. Where are controversies to be tried to which the United States 

is a party, and why ? 

45. In what cases may a citizen of one State sue a citizen of another 

State in the circuit courts ? 

46. In what cases has the circuit court original jurisdiction? 

47. Why should controversies relating to lands claimed under 

grants of different States be referred to the Federal courts ? 

48. What is said about the circuit court of appeals ? 



BLACKBOARD EXERCISE. 



State Government of Wisconsin. 

The State. 
i. Historical. 

2. Personal Rights. 

3. Boundaries of the State. 

4. The Legislative Power. 

a. The Senate. 

b. The Assembly. 
Election and Terms of Office. 
Salary. 

Qualificatio?is. 
Privileges and Powers. 
Prohibitions. 

5. The Executive Power. 

Governor. His Duties and Powers. 
Lieutenant- Governor. 
Administrative Officers. 

Secretary of State. 

Treasurer. 

Attorney- General. 
State Superintendent. 
Railroad Commissioner. 
Commissioner of Lnsurance. 
Officers appointed by the Governor. 

241 



242 CIVIL GOVERNMENT OF WISCONSIN. 

6. The Judicial Power. 

Supreme Court. Jurisdiction and Powers. 
Circuit Courts. Jurisdiction and Powers. 
Juries ; Petit and Grand. 

II. The County. 

i . Organization of County. 

2. The Legislative Power. 

Board of Supervisors. 

Duties ; powers ; co)npensation. 

3. The Executive Power. 

Sheriff. 
Coroner. 

Administrative Officers. 

Clerk. 

Treasurer. 

District Attorney. 

Register of Deeds. 

Surveyor. 

County Superintendent, 

4. The Judicial Power. 

Circuit Court. 
County Court. 
Court Commissioners. 
Inferior Courts. 



CHAPTER XXII. 

LESSON LXXI.— HISTORICAL SKETCH OF 
WISCONSIN. 



Jean Nicolet was probably the first white man to set 
foot in what is now the State of Wisconsin. In 1634 he 
sailed up Green Bay, and, following the course of the lower 
Fox River, he paddled through Lake Winnebago and as far 
up the Fox as the site of the present city of 

. Discovery. 

Berlin, where he stopped in one of the Mas- 
coutin villages. He returned to Quebec by passing south- 
ward through the country of the Illinois and then eastward 
through Michigan. Though other French discoverers visited 
parts of Wisconsin soon after this, and may have seen the 
Mississippi, Joliet and Marquette, in 1673, were the first to 
ascend the Fox, cross the portage, and sail down the Wis- 
consin to the Mississippi. 

They went down the river as far as the mouth of the 
Arkansas, and returned to Green Bay by way of the Illinois 
River and Lake Michigan. 

About 1670, the Sieur Saint Lusson, at Sault Ste. Marie, 
took formal possession of the Northwest in the name of the 
French king. From that time until the end of the French 
and Indian War, nearly a hundred years, Wisconsin was a 
part of the vast territory called New France, and was nom- 
inally under French rule. By the treaty of Paris, in Febru- 
ary, 1763, the entire region became a possession of Great 

243 



244 CIVIL GOVERNMENT OF WISCONSIN. 

Britain, and so remained for about twenty years. During 
this period of British domination the first permanent trading- 
posts and the first white settlements were established within 
the present limits of the State. Of the latter the earliest was 
that made by Charles de Langlade at Green Bay about 
1766. After the close of the Revolutionary War, Wisconsin 
was included in the territory formally granted by Great Brit- 
ain to the United States by the treaty of peace signed in 
1783; but it was not until after a special treaty, in 1796, that 
the British forts were finally abandoned and the United 
States assumed undisputed possession of the region. In the 
meanwhile the Continental Congress, by the famous Ordi- 
nance of 1787, had organized a settled form of government 
for all that portion of the country bounded by the Ohio, the 
Mississippi, and the Great Lakes. By the terms of that Or- 
dinance the region now Wisconsin became a part of the 
Territory Northwest of the River Ohio, and so remained 
until 1800, when it was assigned to the newly established 
Territory of Indiana. In 1809 the Territory of Illinois was 
organized, and Wisconsin was included within its limits. 
Later, in 1818, when Illinois was admitted into the Union 
as a State, Wisconsin became a county of Michigan, and so 
remained until it was organized as a separate Territory in 
1836. The original Territory of Wisconsin embraced all 
the land now within the States of Wisconsin, Iowa, and 
Minnesota, and also that part of the Dakotas lying- east of 
the Missouri and White Earth rivers. In 1838 Iowa Ter- 
ritory was set up, and the boundary of Wisconsin on the 
west was fixed at the Mississippi River and a line drawn 
due north from the sources of that river to the British pos- 
sessions. In 1846 an enabling act for the admission of 
Wisconsin as a State was passed by Congress ; and in the 
following year a territorial convention, sitting at Madison, 
framed a State constitution. This constitution was approved 



PERSONAL RIGHTS. 245 

by Congress, but on account of some objectionable provi- 
sions regarding banks, it was rejected by the people. A sec- 
ond convention met at Madison in December, 1847, and 
after a prolonged session of several weeks produced the 
present Constitution. It was ratified by the people on 
March 2, and the State, with its present boundaries, was 
admitted into the Union by act of Congress, May 29, 1848. 
In 1849 that part of the old Territory of Wisconsin lying 
between the Mississippi River and the northwestern boun- 
dary of the State became a part of the newly formed Terri- 
tory of Minnesota. With the exception of several amend- 
ments to various articles, the original Constitution of the 
State remains still in force. 

Wisconsin entered the Union with the motto, " Forward," 
and to that motto she has been grandly true. In her loyalty 
to the Union she sent nearly a hundred thousand of her sons 
to fight on Southern battle-fields ; and, after the close of the 
war, with a debt of nearly eleven million dollars, and a bur- 
den of sorrow in every village and hamlet, she w T ent nobly 
to work in the conquests of peace, and with such success 
that now there is no State with a brighter future. 



LESSON LXXIL— PERSONAL RIGHTS. 

The first Article of the Constitution of Wisconsin em- 
bodies a Declaration of Rights. Read this article, page 286. 
It will be observed that there are twenty 

• Various Mights. 

rights specifically mentioned, and that they 
may be classified as follows : relating to personal liberty, 
four; relating to personal remedies, one; relating to personal 
security, ten ; relating to equality of rights, one ; relating to 
property, four. By far the greater number of the rights 
guaranteed to the people of the State in this article are 



246 CIVIL GOVERNMENT OF WISCONSIN. 

identical with those specified in the Constitution of the 
United States, and have already been discussed in Chapter 
XVII. (see pp. 188-199). Among these are the right of 
trial by jury; the right to petition for a redress of griev- 
ances ; the right of security against unlawful searches and 
seizures, and against the imposition of excessive fines, or ex- 
cessive bail; the privileges of the writ of habeas corpus ; the 
prohibition of bills of attainder, ex post facto laws, etc. 

The property of no person can be taken for public use 
without just compensation. There are also certain kinds 
of property that cannot be taken without the owner's con- 
sent — such as the grounds of educational and charitable in- 
stitutions, gardens, orchards, and cemeteries. 

The privileges of poor debtors are amply 

Poor Debtors. . . . . 

recognized m the provisions which have 
been made for the exemption of a reasonable amount of 
property from seizure or sale for the payment of debt. 
Among the principal exemptions are the following: A 
farm of not more than forty acres, or a dwelling-house 
in a city or village on land not exceeding one quarter of an 
acre ; wearing-apparel and ordinary household furniture, 
two cows, ten swine, one yoke of oxen, one horse or mule, 
or, in lieu of one yoke of oxen and a horse or mule, two 
horses or two mules, and ten sheep; various agricultural 
implements, and provisions and fuel for one year. It can 
thus be seen that the poor man is guarded by wise and 
generous laws. In former times and in other countries it 
was not uncommon for all property, even necessary food 
and clothing, to be taken away on an execution for debt. 
Section 14, prohibiting feudal tenures and declaring all 
lands to be allodial, is intended for the en- 
couragement and protection of small land- 
holders. Lands are said to be allodial when their owner 
holds them by absolute proprietorship free from restrictions 



No Feudal 
Tenure. 



THE LEGISLATIVE POWER. 247 

or conditions imposed by a superior. Under feudal tenures, 
such as still exist to some extent in European countries, 
small holdings are subject to a lord proprietor, without 
whose consent they cannot be sold or otherwise disposed 
of. Read Article IX. of the State Constitution. 

Foreigners, in Wisconsin, have equal rights with citizens 
in the possession and enjoyment of property, and the same 
laws determine its descent to their heirs. 

Questions. 

1. Make a classification, by sections, of the rights specified in 

Art. L, under the following heads : Personal liberty, per- 
sonal security, personal remedy, equality of rights and 
property. 

2. What are "Absolute rights"? Ans. Personal liberty, per- 

sonal security, and the right of property. 

3. Which of the rights guaranteed in Art. I. are civil rights ? 

Which are political ? 

4. Which of the sections are based wholly, or in part, on the 

Constitution of the United States ? 

5. Define treason, habeas corpus, and bill of attainder (see pp. 

154, 158, 159). 



LESSON LXXIII.— THE LEGISLATIVE POWER. 

The legislative power of the State is vested in a Senate 
and Assembly, which meet on the second Wednesday in 
January, biennially, in the odd numbered years, 1895, 1897, 
etc. There are thirty-three senators and one hundred mem- 
bers of the Assembly. The senators are elected for four 
years, and are chosen alternately from the 

, -. 1 , . ..... The legislature. 

odd and even numbered senatorial districts 
at each biennial State election. The members of the As- 
sembly are chosen at each biennial election, and serve two 
years. Read Article IV. of the State Constitution. 



248 CIVIL GOVERNMENT OF WISCONSIN. 

The salary of a senator or member of the Assembly is five 
hundred dollars for each regular session, and he is allowed 
ten cents mileage for every mile traveled in going to or re- 
turning from the capital by the most usual route. In case 
of an extra session he receives no additional compensation, 
but only the mileage. 

No person can be elected to the Legislature who has not 
resided one year in the State and is at the time of his elec- 
tion a qualified voter in the district which he is chosen to 
represent. With respect to the age of a senator or member 
of the Assembly no other qualification is required. 

Each House chooses its own officers, except that the 

lieutenant-governor is the president of the Senate. The 

Senate elects one of its own members as 

Powers. 

temporary president, to serve when the 
lieutenant-governor is absent or is acting as governor. 

Each House is the judge of the election and qualifica- 
tions of its own members ; and no person can become or 
remain a member of the Legislature while at the same time 
holding any military or civil office under the United States 
or being a member or member-elect of the Federal Congress. 

Members of the Legislature are exempt from arrest, ex- 
cept for treason, felony, and breach of the peace ; and for 
fifteen days before and fifteen days after 

Privileges. _ - .. - 

each session they are not obliged to answer 
any civil process. They are not liable in any civil action or 
criminal prosecution for words spoken in debate at any ses- 
sion of the Legislature. 

Not only members of the Legislature, but all the principal 
officers of the State, executive and judicial, are required to 
make oath or affirmation that they will support the Consti- 
tution of the State and of the United States and will faith- 
fully discharge the duties of their respective offices. 

Any bill may originate in either House, and the yeas and 



THE LEGISLATIVE POWER. 249 

nays on any question shall be entered on the journal, when 
it is so requested by one sixth of the members present. The 
method of passing bills is essentially the same as in the Con- 
gress of the United States (see pp. 149-152). 

The Legislature is prohibited from authorizing any lottery 
or granting any divorce ; nor can it pass any special or pri- 
vate laws in the following cases: 1st. For 

. Prohibitions, 

changing the names of persons or constitut- 
ing one person the heir-at-law of another. 2d. For laying 
out, opening, or altering highways, except in cases of State 
roads extending into more than one county, and military 
roads to aid in the construction of which lands may be 
granted by Congress. 3d. For authorizing persons to keep 
ferries across streams, at points wholly within the State. 
4th. For authorizing the sale or mortgage of real or per- 
sonal property of minors or others under disability. 5th. 
For locating or changing any county seat. 6th. For assess- 
ment or collection of taxes, or for extending the time for col- 
lection thereof. 7th. For granting corporate powers or 
privileges, except to cities. 8th. For authorizing the ap- 
portionment of any part of the school fund. 9th. For in- 
corporating any town or village, or to amend the charter 
thereof. 

A good deal of the business of the two Houses is per- 
formed by the aid of standing committees, of which the Sen- 
ate has eighteen and the Assembly twenty- four. Among 
some of the more important of these com- 

. Committees. 

mittees are the committee on finance, the 
committee on banks and insurance, the committee on public 
lands, the committee on legislative expenditure, the com- 
mittee on engrossed bills, etc. 



250 CIVIL GOVERNMENT OF WISCONSIN. 

LESSON LXXIV.— THE EXECUTIVE AND 
ADMINISTRATIVE OFFICERS. 

The executive power of the State is vested in a governor, 

who, together with a lieutenant-governor, is elected for a 

term of two years. The governor receives 

Governor. . 

a salary of $5000, the lieutenant-governor, 
$1000. The lieutenant-governor, as we have already seen, 
is ex-officio president of the Senate, and acts as governor in 
the absence or disability of the chief executive. His duties 
are analogous to those of the vice-president of the United 
States. To be eligible to the office of either governor or 
lieutenant-governor, a person must be a citizen of the 
United States and a qualified elector of the State of Wis- 
consin. 

It is the duty of the governor to see that the laws enacted 
by the Legislature are promptly and faithfully executed ; to 

recommend such legislation as he may deem 

Duties. . 

necessary or advisable; and to transact all 
business between the State and the civil and military officers 
of the Government. He has the power, under certain re- 
strictions, to veto any act of the Legislature; to grant re- 
prieves, commutations, or pardons ; and, in the case of con- 
viction for treason, to suspend the execution of the sentence 
until the matter shall have been passed upon by the Legis- 
lature. He may convene the Legislature in extra session 
when necessity demands ; but no business can be transacted 
at such session except such as relates to the special pur- 
pose for which it was convened. He is required to report 
to the Legislature each case of reprieve, commutation, or 
pardon, together with all necessary particulars relating to the 
same. He is commander-in-chief of the military and naval 
forces of the State. 

Read Articles V. and VI. of the State Constitution. 



THE EXECUTIVE AND ADMINISTRATIVE OFFICERS. 251 

The administrative officers of the State are the secretary 
of state, State treasurer, and attorney-general, each of 
whom holds his office for two years. 

The secretary of state keeps the great seal of the State, 
and has the custody of all books, bonds, parchments, maps, 
and papers belonging to the State. As au- 

,. , . f j. , r . Secretary of State. 

ditor he supervises the fiscal matters of the 

State, and keeps a full account of all money received or 

held by the State. 

The State treasurer receives and has charge of all money 
paid into the State treasury, and pays out 
the same as directed by law. 

The attorney-general represents the State in all civil and 
criminal actions ; he consults with and advises district-attor- 
neys when requested by them, and, when re- Attorney^ 
quired, gives his opinion, in writing, on all General. 
questions submitted to him by either branch of the Legisla- 
ture or by any of the State officers. 

In addition to the officers mentioned above, the following 
State officers are elected: State superintendent, railroad 
commissioner, and commissioner of insurance. 

The State superintendent has the general supervision of 
the common schools of the State. other state 

The commissioner of railroads exam- officers. 

ines into the condition and management of the various rail- 
roads of the State, and sees that the laws relative to the 
same are enforced. 

The commissioner of insurance reports on the standing 
and methods of the various insurance companies of the 
State, and sees that the laws regulating such companies 
are enforced. 

Other State officers are appointed by the governor. They 
are: (i) The commissioners of the labor census and indus- 
trial statistics. (2) The adjutant- general, who is at the 

Short Civ. Gov. Wis. Ed.— 17. 



252 CIVIL GOVERNMENT OF WISCONSIN. 

head of the volunteer forces of the State, and whose depart- 
ment has jurisdiction in matters pertaining to war records 
and pensions. (3) The quartermaster-general, who is at 
the head of the department for purchasing the clothing and 
supplies for the Wisconsin National Guard, and has charge 
of all the military property of the State. (4) The State su- 
pervisor of inspectors of illuminating oils. 

The affairs of State are further administered by various 

boards and commissions, usually appointed by the governor, 

chief of which are : (1) The Fisheries Com- 

State Boards. . . ... 

mission, consisting of seven members, ap- 
pointed for a term of six years. (2) The State Board of 
Health, of seven members, appointed for seven years. (3) 
The Board of Regents of the University, consisting of one 
member from each congressional district and two at large, 
appointed by the governor for a term of three years. (4) 
The Board of Regents of Normal Schools, consisting of nine 
regents, appointed for a term of three years. (5) The De- 
partment of Public Lands, consisting of the secretary of 
state, State treasurer, and attorney-general, and having 
under its charge the sale and disposal of public and school 
lands. (6) The State Board of Control, consisting of six 
members, appointed for a term of five years. The duties 
of this last-named board are very important. They have 
charge of the seven State institutions — the Insane Hospi- 
tals, the State Prison, the State School, the Industrial School, 
the School for the Deaf, and the School for the Blind. In 
addition, they inspect the various county asylums, jails, poor- 
houses, lockups, and private benevolent institutions. 



THE JUDICIAL POWER. 253 

LESSON LXXV.— THE JUDICIAL POWER. 

The judicial power of the State is vested in a Supreme 
Court, circuit courts, courts of probate, justices' courts, 
municipal courts, and police courts. 

The Supreme Court is composed of a chief justice and 
four associate justices, elected for a term of ten years. It 
meets annually at Madison, and has the 

Supreme Court. 

power to hear and determine cases appealed 
to it from the lower courts. It also has a supervisory con- 
trol over all inferior courts, and has original power to issue 
writs of habeas corpus, mandamus ', quo warranto, certiorari, 
and injunction, and to hear and determine the same. 

The circuit courts of the State are seventeen in number, 
each presided over by a circuit judge elected for a term of 
six years. The circuit courts have original jurisdiction in 
all civil and criminal matters within the State, and appellate 
jurisdiction from all inferior courts and a 
supervisory control of the same. Each cir- 
cuit judge has the appointment of circuit commissioners in 
each county of his circuit, who may legally take testimony, 
certify to the accuracy of deeds or other writings, and per- 
form such minor duties as would otherwise be performed by 
the circuit judge. 

The circuit courts meet at least twice annually in each 
county. 

In each county there is a county court or court of pro- 
bate, presided over by a judge who holds office for four 
years. The jurisdiction of this court extends to the settle- 
ment of the estates of deceased persons, and to such other 
kindred matters as are prescribed by law. 

In some of the more populous counties, county courts are 
granted somewhat larger jurisdiction. 

The jurisdiction of the justices' courts extends to minor 



254 CIVIL GOVERNMENT OF WISCONSIN. 

civil and criminal matters in the county. The term of office 
of justices of the peace is two years, and each township 
elects four; each village, two; and each ward of a city, one. 
In various cities and villages there are police courts 
which have in general the civil and criminal jurisdiction of 
justices' courts, besides exclusive jurisdic- 

Other Courts, . 

tion m all offenses against the ordinances 
of the city or village. 

In many of the cities and counties of the State other 
courts have been organized which are called municipal 
courts. Generally they have been given the civil and crimi- 
nal jurisdiction of either county or circuit courts. 

In all cases at law, no matter what the amount in contro- 
versy, the right of trial by jury is guaranteed. A petit jury 
is one composed of not more than twelve men called to 
hear cases in the various courts. The 

Juries. ... . r t . 

method of calling juries for the circuit 
courts is as follows : The town supervisors, village trustees, 
and city aldermen make lists of from ten to twenty persons 
liable to serve, and submit them to their respective boards 
of supervisors. The county boards then select from these 
lists one hundred and forty persons whose names are sent to 
the clerk of the county. The county clerk then writes the 
names on separate slips of paper, puts them in a box, and in 
the presence of the sheriff and a justice of the peace draws 
usually a list of thirty-six persons from among whom are se- 
lected the petit jurors who serve at the ensuing term of 
court. 

Grand juries are drawn and summoned essentially in the 
same way as petit juries. The number of names selected 
by the county board is seventy-five, and the number drawn 
by the county clerk, seventeen. Grand juries may be sum- 
moned to attend each term of the circuit court. In secret 
session they inquire into the action of persons supposed to 



THE JUDICIAL POWER. 255 

be guilty of crimes and misdemeanors, and if in their judg- 
ment there is reasonable supposition that such persons are 
guilty, they return true bills of presentment or indictment 
against them. The persons indicted are then held for trial 
by the usual legal processes. 

The following persons are exempt from serving on juries : 
In general, all United States, State, and county officers ; min- 
isters, teachers, and lawyers ; certain head employees in drug- 
stores, mills, and factories; criminals, and persons of unsound 
mind ; men over sixty years of age ; and persons enlisted in 
the volunteer military service of the State. 

Minor civil and criminal cases, as has already been 
stated, are under the jurisdiction of the justices' courts. 
When any crime has been committed, the accused may be 
brought before the justice of the peace, and if the offense is 
such that its punishment may be more than 

Criminal Cases. 

six months in the county jail, or one hun- 
dred dollars fine, the accused is bound over for trial in the 
circuit court. If, however, the offense is such that a jus- 
tice's court may pass judgment upon it, the justice proceeds 
to try the case, and, if he finds the accused to be guilty, to 
impose sentence upon him. In the arrest and trial of a 
person charged with crime the following steps are usually 
taken : 

(1) A sworn complaint before the justice. (2) The issue of 
the warrant. (3) The arrest. (4) Bail, if the offense is baila- 
ble. (5) Pleading to the charge — whether guilty or not. 
(6) Trial with or without jury. (7) Verdict. (8) Judgment. 
(9) Appeal — which may be had to a higher court. 

In civil matters the jurisdiction of justices' courts is lim- 
ited generally to those matters wherein the 

Civil Cases. 

amount at issue is not more than two hun- 
dred dollars. Otherwise the case is begun in a circuit court. 
Let the pupil here read United States Constitution, Art. 



256 CIVIL GOVERNMENT OF WISCONSIN. 

III., Section 2, Clause 3; Art. V., VI., and VII., Amend- 
ments. Also, State Constitution, Art. I., Sec. 5. 

Questions. 

1. Describe the organization of the several State courts. What 

is the jurisdiction of each ? 

2. Define appellate and original jurisdiction (see p. 235). 

3. Define the word " jeopardy," and quote the clause in the 

State Constitution in which the word occurs. 

4. What is the difference between a civil and a criminal case ? 

5. Suppose our State Constitution did not guarantee us a trial 

by jury, could we, in ordinary matters, demand such trial 
because the right is given us in the Constitution of the 
United States? 



LESSON LXXVL— THE COUNTY GOVERNMENT. 

The legislative power of each county is vested in a county 
board of supervisors, composed of the chairmen of the vari- 
Legisiative ous towns, and of the supervisors of the 
Power. various wards and incorporated villages. 
These members of the county board are elected by the peo- 
ple for one year, except in counties containing a population 
of 100,000 or more, and there they are elected for two years. 
While performing their duties as county supervisors, they 
receive $3 per day and six cents mileage. 

The county board of supervisors meets annually, in No- 
vember, and its chief duties and powers are as follows: (1) 
To build and keep in repair county buildings. (2) To levy 
taxes. (3) To prescribe the form and manner of keeping 
county records. (4) To organize and change the town boun- 
daries. (5) To change the names of towns, villages, or per- 
sons. (6) To fix the salaries of county officers, unless oth- 
erwise provided by law. 



THE COUNTY GOVERNMENT. 257 

The executive power of the county is vested in the sheriff, 
who has charge of the jails and those therein confined, and, 
with his under-sheriffs and deputies, keeps 

. Executive Power. 

peace withm the county. He is required to 
give a bond of from $5000 to $20,000, and is compensated 
by fees collected in the performance of his duty. He is in- 
eligible to office for two years next succeeding the term for 
which he was elected. 

There is also in each county a coroner, whose duty is to 
hold inquests over the bodies of those who have come to their 
death by violence or accident. He is compensated by fees, 
and gives a bond for the faithful performance of his duty. 

The administrative officers of the county are the clerk, 
treasurer, clerk of the circuit court, district-attorney, register 
of deeds, surveyor, and superintendent of 
county schools. The county clerk keeps a 
full account of the transactions of the board of supervisors, 
and transmits to the State superintendent all proceedings of 
the board relative to the raising of money for school pur- 
poses ; he assists in various duties relative to the assessment 
and collection of taxes and the canvass and returns of votes. 
The county treasurer receives all money due the county, and 
pays out the same on demand of the proper person. 

The clerk of the circuit court keeps a record of all busi- 
ness connected with the circuit court, transmits to the sec- 
retary of state a list of the justices of the peace in the 
county, and keeps a record of the names of persons admitted 
to citizenship. 

The district-attorney prosecutes or defends all cases in the 
circuit court in which the county or State is a party, and, 
when requested to do so, advises county officers in regard to 
their duties and powers. The register of deeds keeps a rec- 
ord of all marriages, deaths, and births. He records all deeds, 
mortgages, maps, and writs authorized by law, and delivers 



258 CIVIL GOVERNMENT OF WISCONSIN. 

to any person, on demand and payment of legal fees, a copy 
of the same. The county surveyor makes a record of the 
plat and field notes of the various surveys, and on payment 
of fees furnishes copies of the same to any one desiring 
them. The administrative officers are compensated in some 
cases by fees ; in other cases by salaries. 

The judicial power of the county is vested in the circuit 

and county judges and court commissioners, whose duties 

and jurisdiction have been already described. 

Judicial Power. . . 

It should be noticed that the circuit judge, 
while representing to a certain extent the judicial power of 
the county, is not properly a county officer, but is elected by 
the people of the judicial circuit of which the county is a 
part. 

Questions. 

1. Wherein does the legislative power of a county differ from 

that of the State ? 

2. Wherein does the executive power of a county differ from 

that of the State ? 

3. What is meant by compensation by fees ? 

4. Wherein does the court of probate differ from the circuit 

court ? 

5. Why is the sheriff required to give bonds ? 

6. How many counties are there in Wisconsin ? 

7. Make a list of all the county officers. 

8. How are the county officers compensated? 

9. By whom are the salaries of county officers fixed? 
10. Why is the circuit judge not a county officer? 



BLACKBOARD EXERCISE. 



The Town, the Village, and the City. 

I. The Town. 

i. The Legislative Poiver. 

Electors assembled in Town Meeting. 

2. The Executive Power. 

Town Board of Supervisors. Constables. 
Officers of the Board. 

Town Clerk. Treasurer. 

Overseer of Highways. Librarian. 

3. The Judicial Power. 

Justices' Courts. 

II. The Village. 

1. The Legislative Power. 

The Village Board. 

2. The Executive Power. 

President of the Village Board. Constables. 
Administrative Officers : 

Village Superi'isor. Clerk. Treasurer. 

3. The Judicial Poiuer. 

Justices' 1 Courts. Police Courts. 

III. The City. 

1. The Legislative Power. 

The Com mo? 1 Council. 

2. The Executive Power. 

Mayor. Marshal. Constables. Police ?n en. 
Ad minis t?-ative Boards. 

3. The Judicial Power. 

Justices' 1 Courts. 
Police Courts. 
Municipal Court. 

259 



CHAPTER XXIII. 

LESSON LXXVIL— THE GOVERNMENT OF THE 
TOWN. 



In Wisconsin the legislative power of the town is vested in 
the qualified electors assembled in the town meeting on the 
Legislative nrst Tuesday in April in each year. At 
Power. these meetings taxes for local expenses are 
voted, rules for the government of the town are passed, offi- 
cers are elected, and vacancies filled. The town meeting is 
said to be the " staff of an enduring democracy. " 

The executive power of the town is vested in not more 

than three constables, who are the ministerial officers of the 

justice of the peace. The constable's duties 

Executive Power. . . , 

are, " To serve withm his county any writ- 
ten process, notice, or order, and to cause to be prosecuted all 
violations of law of which he has knowledge or information." 
Further executive powers are possessed by the town 
board, consisting of three supervisors, who have charge of 
all the affairs of the town not by law committed to other 
officers. They draw orders on the treasurer for the disburse- 
ment of money to pay town expenses, and for all other pur- 
poses except the support of schools ; and they have charge 
of all actions to which the town is a party. Another impor- 
tant duty of the board is the laying out and altering of the 
school districts in the town. It will also be remembered 

260 



THE GOVERNMENT OF THE TOWN. 26 1 

that the chairman of each town board is a member of the 
county board of supervisors. 

The town clerk is clerk of the town board and of the town 
meeting. He transmits to the county clerk the names of 
the town officers, and to the clerk of the 
circuit court the names of the constables own " tcers - 
and justices of the peace; he is required to post notices of all 
town laws, he assists in taking the State census, has charge 
of the town library, and files and preserves private papers 
relative to mortgages, articles of organization, marks or 
brands, etc. The town treasurer collects the town taxes, 
and keeps and pays out, on proper warrant, the moneys that 
come into his hands. The overseer of highways collects 
the highway taxes and sees that the roads in his district 
are kept in good condition. There are as many overseers 
of highways as there are road districts, and the town is 
divided into road districts by the town board. 

In those towns which have adopted the township system 
of schools, a librarian may be elected, but unless some one 
is especially elected, the care of the library devolves upon 
the town clerk. 

Town officers are elected at the town meeting for one 
year, except justices of the peace, who are elected for two 
years. Only qualified electors are allowed to hold office, 
and each officer is required to file with the town clerk a 
legal oath to support the Constitution of the United States, 
and the Constitution of the State of Wisconsin, and faith- 
fully to discharge the duties of the office to which he is 
elected. Town officers are compensated by the day or by 
fees. The town treasurer receives from one to two per 
cent, for collecting taxes and five per cent, on all delinquent 
taxes collected by him. 



262 CIVIL GOVERNMENT OF WISCONSIN. 

LESSON LXXVIIL— VILLAGES AND CITIES. 

The laws of the State of Wisconsin provide that any terri- 
tory in any county not less than one half mile square, con- 
taining a resident population of three hundred, or any terri- 
tory in two or more counties not less than one mile square, 
may become incorporated as a village. When a portion of 
a town, or towns, desires to become an incorporated village, 
application by petition is made to the circuit court by at 
least five electors of the district to be incorporated. If all 
matters as to surveys and descriptions have been properly 
done, the court appoints three inspectors, and the matter is 
submitted to the qualified electors of the district. The forms 
of the ballot are " Yes " and " No." 

The legislative power of a village is vested in a village 
board consisting of the president of the village and six trus- 
tees. In villages containing a population 
^llvTr^ °f over 2 9°°> tne village board is granted 
some additional powers incident to the re- 
quirements of large villages. It may be said that the vil- 
lage board bears the same relation to the village that the 
legislature does to the State, the board of supervisors to the 
county, the town meeting to the town, or the common 
council to the city. 

The executive power is vested in a president of the village, 

who presides at the meetings of the board; in constables, 

who have powers identical with those of 

town constables ; and in a marshal, whose 

Power* 7 

duty it is " to obey all lawful written orders 
of the village board ; to arrest with or without process and 
with reasonable diligence to take before the police justice 
every person found in such village in a state of intoxication, 
or engaged in any disturbance of the peace, or violating any 
law of the State or ordinance of such village." 



VILLAGES AND CITIES. 263 

Other village officers are the supervisor, clerk, and trea- 
surer, who in general have the same relation 
to the village that the like-named officers 
in a town have to the town. It will be noticed that in 
the village there is no board which corresponds to the 
town board. It is therefore the duty of the supervisor from 
the village to represent his district in the county board of 
supervisors. 

The judicial power of the village is 
vested in justices' and police courts, whose 
powers and jurisdiction have already been described. 

In case a village containing a population of not less than 
2000 desires to become incorporated as a city, the following 
course of procedure is necessary: A petition by ioo or 
more electors is made to the village board for a special 
election; the village board then orders the election, and 
the ballots are in the form of, " For a city charter," 
"Against a city charter." If the vote is in favor of a city 
charter, city officers are elected within ten days after such 
incorporation. 

The cities of the State are divided into three classes. 
Those containing a population of over 40,000 belong to the 
first class; those containing a population 

City Officers. 

of less than 40,000, but more than 10,000, 
belong to the second class; and those containing a popu- 
lation of less than 10,000 belong to the third class. The 
number of officers elected in a city depends upon the class 
to which it belongs, while like-named officers in different 
classes have, in some cases, fuller powers than in others. 
Cities of the second and third classes have the following 
officers : mayor, two aldermen from each ward, treasurer, 
clerk, comptroller, attorney, assessor, surveyor, marshal, 
justice of the peace, one constable from each ward, city 
physician, street commissioner, harbor master, sealer of 



264 CIVIL GOVERNMENT OF WISCONSIN. 

weights and measures, chief of the fire department, a board 
of public works, a board of school commissioners, one or 
more policemen, and such other officers as the common 
council may deem necessary. In cities of the first class 
there are also a city engineer, a tax collector, assessors in 
each ward, a board of commissioners of the public debt, a 
board of health, and a chief of police. 

The legislative power of the city is vested in the common 
council, which consists of two aldermen 
Potpe*!* 6 fr° m eac ^ war d- The mayor is president 
of the common council. 

The executive and administrative powers of a city are 
vested in the mayor, marshal, constables, and policemen, 
and in several important boards, chief 
' among which are: a board of public works, 
a board of education, a board of commissioners of the 
public debt, and a board of health. The duties of mayor, 
clerk, attorney, treasurer, marshal, and assessors are similar 
to the duties of the corresponding officers in the village or 
the county. The general powers of other officers and boards 
can be inferred from their titles, and a particular knowledge 
of them can be gained from the study of some city charter. 

The judicial power of a city is vested in the justices', 
police, and municipal courts, the powers and jurisdiction of 
which have been already described. 

Questions. 

1. Name two important duties of the board of supervisors; of 

the town board; of the city board of education. 

2. Compare the duties of the county clerk with those of the 

town and village clerks. 

3. Define jurisdiction, criminal action, civil action. 

4. State the different steps that would be taken in bringing an 

offender to trial. 



VILLAGES AND CITIES. 



265 



5. In what is the judicial power of the State, the county, and 

the city vested? 

6. On what matters might you go to consult a clerk of the 

circuit court? A county judge? A circuit court com- 
missioner ? A chief of police ? A justice of the peace ? 
A town clerk? A county treasurer? A supervisor? 

7. What is the name of the mayor of your city; of the chairman 

of your town board ; or of the supervisor of your village ? 

8. In whom is the executive power of the United States vested? 

of the State? of the county? of the village? 

Comparative view of the forms of gover?ime?it in the State : 



Legislative Power. 



Chief Execu- 
tive Power, 



Judicial Power. 



Boards. 



State. 

County. 

Town. 
Village. 

City. 



Legislature. 

Board of Su- 
pervisors. 

Town Meeting. 

Village Board. 



Common 
Council. 



Governor. 



Sheriff. 



Constable. 

President 
of Board. 

Mayor. 



Supreme and 
Circuit Courts. 

County Courts. 



Justices' Courts. 

Justices' and 
Police Courts. 

Justices', Po- 
lice, and Muni- 
cipal Courts. 



Several 

Boards. 

County Board 
of Supervisors. 

Town Board. 

Village Board 
of Trustees. 

Four impor- 
tant boards. 



BLACKBOARD EXERCISE. 



Suffrage, Taxation, and Education. 

I. Suffrage and Elections. 

i. Qualifications of Voters, 

2. Registration. 

3. Election processes. The Ballot. 

4. Canvassing the Votes. 

II. Taxation. 

1. Assessment. 

2. Board of Review. 

3. Equalization of Taxes. 

4. Apportionment of Taxes. 

5. Collection of Taxes. 

III. Education. 

1. In the State. 

Sources of Revenue. 

State Superintendent. 

University. Normal Schools. Free High Schools. 

Other State Institutions. 

2. In the County. 

County Superintendent. County Tax. 

3. In the Town. 

The Township System. Board of Directors. 

4. In the District. 

District Meeting. District Board. District Tax. 

5. In the City. 

Board of Education. Superintendent of Schools. 



266 



CHAPTER XXIV. 

LESSON LXXIX.— SUFFRAGE AND ELECTIONS. 



Read Article III. of the State Constitution. 

The laws of the State of Wisconsin require that an elector 
shall have resided ten days in the election district where he 
offers to vote. Women of the age of twenty-one years who 
are citizens of the State, and who have resided in the State 
one year, and in the election district ten days, are entitled 
to vote on school matters in the various districts. The stat- 
utes prohibit any one from voting who has been convicted 
of bribery, or who is interested directly or indirectly in any 
wager on the result of the election. 

Previous to the day appointed by law for the election of 
State officers the secretary of state notifies the county clerk 
of the officers to be elected, and he adds to the list of State 
officers such county officers as are to be elected and trans- 
mits the entire list to the village and town clerks, and to an 
election inspector in each ward of the cities, who are re- 
quired to post notices of the approaching election in five 
conspicuous places in their respective districts. 

Before a person can vote he must be known to be legally 
qualified. To that end poll-lists are made out which con- 
tain the names of such persons as are known by the board 
of registration to be residents of the district. Persons whose 
names are not enrolled may appear before the board and 

Short Civ. Gov. Wis. Ed.— 18. 2 6 7 



268 CIVIL GOVERNMENT OF WISCONSIN. 

after proving their right to be registered, their names will be 
entered on the poll-list. When any one, on account of 
absence or sickness, has been unable to register at or before 
the required time, he may swear in his vote on election day. 

In cities and villages there are three inspectors of election, 
appointed by the common councils and village boards respec- 
tively. In towns, the supervisors are the inspectors. In- 
spectors are assisted by two election and two ballot clerks. 
A voter upon entering the polling-place, and giving his name 
and residence, will receive a ballot from a ballot clerk, 
which must have indorsed thereon the names or initials of 
both ballot clerks. No other can be used. Upon receiving 
this ballot the voter must retire alone to a booth or com- 
partment and prepare the same for voting. 

After the votes have been deposited in the ballot-box they 
are counted by the inspectors, who deliver one statement of 
the result to the clerk of the town, city, or village, and 
another to the clerk of the county. The county clerk then 
selects two associate canvassers from among the county 
officers, which persons constitute the county board of can- 
vassers. This board makes out a detailed statement of the 
vote, a copy of which is filed in the office of the county 
clerk, while the vote for State officers is made out in tripli- 
cate and sent to the governor, the secretary of state, and 
the State treasurer respectively. In case the vote was for 
Senate or Assembly officers, the returns are canvassed by a 
joint board from the counties, and the results are sent to 
the clerk of the county in which the meeting is held. The 
secretary of state, the State treasurer, and the attorney- 
general constitute the State board of canvassers. This board 
canvasses the returns from the various counties, and files 
the results in the office of the secretary of state, who issues 
to each person elected a certificate of election. 



SUFFRAGE AND ELECTIONS. 



269 



ELECTIONS. 



Persons Elected. 



Time. 



Qualifications of 
Voters. 



Qualifications of 
Officers. 



I. U. S. Repre- 
sentative. 



• The General See Art. III. State 
Election" first Cons 
Tues. after first 
Mon. in Nov. 



2. State Officers. Same as I. 



3. County Offi- Same as I. 
cers. 



4. TownOfficers. 



5. Village Offi- 
cers. 



6. City Officers. 



7. Officers of the 
School Dis 
trict. 



First Tues. 
April. 



First Tues. 
May. 

Same as 4. 



First Mon. 
July. 



8. Judicial Offi- Same as 4. 
cers. 



Same as 1. 



Same as 1. 



in Same as I, with 
one year's resi- 
dence immedi- 
ately previous 
to election. 

in Must be qualified 
electors and res- 
idents. 

Resident electors 



Men must be res- 
idents and gen- 
eral electors. 
Women must 
be twenty-one 
years of age, 
and residents. 

Same as 1. 



See Art. I., Sec. 
2, U. S. Con- 
stitution. 



Citizens of the U. 
S. and voters. 

None as to resi- 
dence or citi- 
zenship. 

Must be electors 
of the town. 



None as to resi- 
dence or citi- 
zenship. 

Citizens of the U. 
S. and resident 
electors. 

Residents. 



Twenty-five years 
of age, a quali- 
fied elector, and 
a citizen of the 
U. S. 



On the two pages which follow we give a facsimile of an 
official ballot used at the state election in Wisconsin in 1892. 



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272 CIVIL GOVERNMENT OF WISCONSIN. 

LESSON LXXX.— TAXATION. 

Read Article VIII. of the State Constitution. 
The legislature has provided that " taxes shall be levied 
upon all property in this State except such as is exempted 
therefrom." The following are among the 

Exemptions. ... 

principal exemptions: In general, all prop- 
erty belonging to the United States, the State, county, town, 
city, village, and school district. The property of reli- 
gious, scientific, literary, benevolent, and agricultural socie- 
ties, public art galleries, and the real and personal property 
of all Turner societies, used exclusively for educational pur- 
poses. The personal property of insurance companies, tele- 
graph companies, and the property of railroad companies. 
Cemeteries, armories, and the property of fire compan- 
ies. " Wearing apparel, family portraits, libraries, kitchen 
furniture, and other household furniture not exceeding in 
value the sum of $200, and also growing crops," besides 
" provision and fuel provided by the head of a family to 
sustain its members for six months." 

It should be noticed that although the property of insur- 
ance, railroad, and telegraph companies is in general ex- 
empt from taxation, all these different companies are, in 
fact, taxed, as they pay license to do business in the State. 
Railroad companies pay from two to four per cent, on their 
gross earnings; fire insurance companies two per cent, of 
their gross income ; and telegraph companies pay a license 
of one dollar per mile for the first wire, fifty cents for the 
second wire, twenty-five cents for the third, and twenty 
cents a mile for each additional wire. 

In explaining the practical method of levying and col- 
lecting taxes in the State, we shall first consider the assess- 
ment of property by the city, village, or town assessor. 
The assessor is supposed to know the value of the real and 

Short Civ. Gov. Wis. Ed.— 19. 



TAXATION. 



273 



personal property of his district. Each person owning stocks, 
bonds, or mortgages is required to give the amount thereof 
under oath, and should the assessor be in 

, Assessment. 

doubt as to the value of otner personal 
property he may require the owner to certify as to the 
amount and value under oath. In addition to the tax 
on property, male residents between twenty-one and fifty 
years of age are, in the various towns, required to pay a 
poll tax of one and a half dollars. This tax goes for the im- 
provement of the public highway, and if more money is 
required for the highway tax, it is levied on the property 
of the road district in which the highway runs. The assess- 
ments are begun on the first of May and are finished as 
soon thereafter as possible. 

After the amount and value of each person's taxable 
property is placed upon the assessment rolls, the lists are 
brought before a board of review, which 
meets the last Monday in Tune, and con- eview °f s ~ 

J J 7 sessnients. 

sists, in towns, of the supervisors, clerks, 
and assessors ; in each city, of the mayor, clerk, and as- 
sessors; and in each village, of the president, clerk, and 
assessors. This board carefully reviews the tax roll, and 
corrects any errors or omissions, and hears the statement of 
any person who may judge himself unduly taxed, and if the 
complaint is found just, corrects the mistake. 

The assessor then corrects the roll as ordered by the 
board of review, and turns it over to the county, city, or 
village clerk, who carefully reexamines it, and notifies the 
assessor if he discovers any further mistakes. These are 
corrected, and the roll is said to be complete. 

The reports of the assessors, as reviewed and corrected, are 
now in the hands of the county clerk, and it might seem as 
if each individual assessment was settled, 

. . Equalization. 

but such is not the case, for the town, city, 



274 CIVIL GOVERNMENT OF WISCONSIN. 

and village assessments now come before the board of 
county equalization. 

This is composed of the county board of supervisors. 
The county clerk transmits to the county board the reports 
which he has received from the assessors, together with 
such other data relative to population and the like as are 
deemed necessary. The county board now equalizes the 
assessments among the various towns, cities, and villages. 
Thus it may be found that in certain towns property has 
been rated lower than in others. When such is the case, the 
assessments are raised to make them uniform. To illustrate, 
we give below the result of some of the assessments in Win- 
nebago county for 1892. In the first column are the orig- 
inal ratings by the assessors; in the second are the assess- 
ments as equalized by the board of supervisors : 

Town of Algoma, $ 540,829 $ 427,500 

" " Clayton, 5 2 3>475 53 6 > 000 

Neenah City, 1,585,527 1,814,000 

Oshkosh City, 8,346,754 6,333,000 

The assessed value in the county as reported by the as- 
sessors was $17,995,001 ; as equalized by the board of su- 
pervisors, $15,624,000. 

In spite, however, of all the safeguards already imposed, 
it is possible that some of the towns or cities may be un- 
justly rated, or some error may have crept in which would 
result in substantial injustice. When such is thought to be 
the case, the town, city, or village so aggrieved may, within 
one year of the assessment, apply to the circuit judge to 
appoint three commissioners, not property holders, to ex- 
amine into the matter. The valuation of property deter- 
mined on by this commission is final, and those towns or 
cities which have paid too much are credited with the 



TAXATION. 275 

amount on the next tax roll, and those which have paid too 
little have the amount added to the next tax roll. 

The secretary of state is now in possession of data which 
enable him to know the assessed valuation of the various 
counties of the State. For the assessors have personally in- 
spected the taxable property and have reported to the town 
clerks, the town clerks have reported to the county clerks, and 
the county clerks have reported to the secretary of state. 

The various data of population and valuation of property 
are now laid before the State board of assessment, which 
consists of the secretary of state, the State 

. Apportionment. 

treasurer, and the attorney-general. This 
board carefully examines such statistics, and from all the 
sources of information accessible to it determines and as- 
sesses the relative value of all property subject to taxation in 
each county. If the board makes a mistake in the valua- 
tion or assessment of property in any county, it is corrected 
in the next annual levy. 

The annual State tax is determined by the Legislature. 
The secretary of state knows the assessed value of the 
property of each county, and when the amount of State tax 
is known he levies upon each county a share of the tax in pro- 
portion to the value of its taxable property. Thus, suppose 
that the valuation of the whole State is $700,000,000, and 
that the tax to be raised is $2,000,000; a county whose as- 
sessed value is $19,000,000 will pay -£fo of the entire tax, or 
about $54,200. This amount is certified to the county 
clerk by the secretary of state. 

The amount of county tax to be raised is determined by 
the board of supervisors. The county clerk now adds this 
tax to the State tax, and certifies the propor- 

Collection. 

tionate amounts to the various towns, cities, 

and villages in the county. The town meeting, the village 

board, and the common council determine the amount of 



276 



CIVIL GOVERNMENT OF WISCONSIN. 



town, village, and city taxes. The clerk already has the 
amount of State and county taxes from the county clerk, and 
to these he adds the amount of the local town, city, or vil- 
lage tax, and apportions the total amount among the various 
property owners, in proportion to the assessed value of their 
property. 

School taxes for country districts are voted at a district 
meeting and certified to the town clerk by the district clerk, 
and are assessed and collected at the same time and in the 
same way as other taxes. They are, however, entered sep- 
arately on the roll as " school taxes." A similar rule applies 
to school taxes collected in a city or in a town under the 
township system. 

Taxes are usually collected by the various town, city, and 
village treasurers. 

The following is a sample page from the tax roll, and 
shows under what heads the various taxes are arranged: 



State, 

County, 

School, and 

Town Taxes 


School 

District 

Tax. 


Road 

District 

Tax. 


Special Tax 
Under Sec. 
u86, R. S. 


Five Per 
Cent. Collec- 
tion Fee. 


Total 

A mount oj 

Tax. 































































The pupil should now reread Chapter XXVI., pages 110- 
112. 

Questions. 



1. Define tax, indirect and direct taxes. 

2. What kind of taxes are United States taxes ? 

taxes ? 



What, State 



EDUCATION. 277 

3. Define real and personal property. 

4. Name three things that are exempt from seizure on sale or 

execution. 

5. Name three things that are exempt from taxation. 

6. Mention two prohibitions on the State in financial matters. 

7. How does the State borrow money ? 

8. For what purposes may the State borrow money ? 

9. Why should the State not be a party to works of internal 

improvement ? 



LESSON LXXXL— EDUCATION. 

Read Article X. of the State Constitution. 

The school fund may be regarded as having two sources, 
the United States and the State. The moneys derived from 
the United States are the proceeds from the sales of lands 
granted to the State for educational purposes, and the mon- 
eys derived from the State come from fines, escheats, and 
exemptions. 

In addition to moneys derived from the school fund, the 
common schools are supported by the three great taxes : ( 1 ) 
The county tax. (2) The school district sources of 

tax. (3) The One-mill tax. Revenue. 

The amount expended annually in the State for the sup- 
port of the common schools is between $4,000,000 and 
$5,000,000. Of this the largest amount comes from the 
district tax, the next largest from the county tax, the next 
from the one-mill tax, and the least from the interest on the 
common school funds. 

The State. — The educational officer of the State is the 
State superintendent, who apportions the school fund 
among the various counties, and has general state officer and 
supervisory control of all educational insti- institutions. 



278 CIVIL GOVERNMENT OF WISCONSIN. 

tutions. The educational institutions of the State are the 
State University, located at Madison, and the normal 
schools located respectively at Platteville, Whitewater, Osh- 
kosh, River Falls, Milwaukee, and Stevens Point. 

In addition to the University and the normal schools, 
the free high schools may be regarded as State institutions, 
since they are inspected by the State authorities and derive 
a part of their support from the State. Other State institu- 
tions are : The Veterans* Home, near Waupaca ; the State 
Public School for dependent and neglected children, located 
at Sparta ; the Industrial School for Boys, near the village 
of Waukesha; the School for the Deaf at Delavan; the 
School for the Blind at Janesville ; the State Prison at Wau- 
pun; and the Hospitals for the Insane at Oshkosh and 
Mendota. 

The County. — The county board of supervisors levies the 
county school taxes upon the various towns, which must be 
in amount equal to the sum received by the town from the 
common school fund. The educational interests of the 
county are under the general charge of the county superin- 
tendent, who is elected by the people and holds his office 
for two years. He may receive a per diem compensation or 
an annual salary, which in districts containing a population 
of between five thousand and ten thousand, is not less than 
County five hundred dollars. In districts having a 
superintendent, population of more than ten thousand the 
salary may be as high as fifteen hundred dollars. When 
the superintendent receives a salary of eight hundred dollars 
or more, he is not allowed to engage in teaching or in any 
other profession during the time in which he holds the office. 
Counties having a population of more than fifteen thousand 
may be divided into two districts, each electing a super- 
intendent. Cities having a board of education, a superin- 
tendent of schools, or a board of officers vested with power 



EDUCATION. - 279 

to examine and license teachers, are not under the jurisdic- 
tion of the county superintendent. 

The county superintendent divides his county into in- 
spection districts and holds in each district at least two ex- 
aminations annually for the certification of teachers. He 
receives various data from the district clerks and he himself 
makes annual reports to the State department of education. 
He visits and examines each school at least once every year. 
He advises and counsels with district boards concerning 
the construction of schoolhouses. He may order repairs, 
and with the chairman of the town board he may declare 
any building unfit for use. He conducts an annual teachers' 
institute for his county and takes general cognizance of all 
questions connected with the operation of the school laws 
in his district. 

The Tow7i. — When the people of a town desire to organ- 
ize a township system of schools they so vote at a regular 
town meeting or at a meeting specially called for that pur- 
pose. The governing board of such a system is the board 
of directors, which is composed of the clerks Board of 
of the various sub-districts, and which meets Directors. 
twice annually, on the second Monday in July and the third 
Monday in April. The officers of this board are a president, 
vice-president, and secretary. In general the board of direc- 
tors has the same relation to the educational interests of the 
towns as the district board has to the district. Teachers 
are employed by the board acting through its executive 
committee, which is composed of the three officers. 

The active supervision of the educational interests of the 
town, however, devolve on the secretary, whose relations to 
the town are closely analogous to those which the county 
superintendent bears toward the county. He is required by 
law to make full reports to the county superintendent of the 
statistics and condition of the county schools. 



250 CIVIL GOVERNMENT OF WISCONSIN. 

Through the township system it is attempted to make 
both school advantages and taxation more uniform through- 
out the county, but the system is not yet generally adopted 
in the State. 

The District. — The school district is a subdivision of the 
town and its boundaries are determined by the town board. 
It must not contain more than thirty-six square miles, and 
may include within its jurisdiction incorporated villages. 
The district meeting is held on the first Monday in July, 
and, in general, all men w T ho are resident 

District Meeting. . . . 

electors and women who are resident citi- 
zens are allowed to vote. At such meeting the voters are 
empowered to vote taxes for school purposes; but in no 
case shall the sum total of such taxes exceed five per cent, 
of the assessed valuation of the district. They also deter- 
mine the length of the school year, they vote on the ques- 
tion of furnishing free text-books to the pupils of the district, 
they determine whether the school shall be taught by a man 
or a woman ; and they elect district school officers. 

The officers so elected are called the District Board, and 
are three in number — the director, treasurer, and clerk. 
They serve for a term of three years. Their duties are 
many and important : they purchase, build, and repair 
schoolhouses and equip the same; they may levy the 
school tax if before the third Monday in November the 
district meeting has not done so ; they make needful rules 
for the government of the schools of the district, and de- 
termine what text-books shall be used in the various 
branches ; and they hire duly qualified teachers. 

When any text-books have been adopted by the district 
board they shall remain in use for three 

eXt "studies art y ears > un l ess a change is authorized by a 
majority vote of the legal voters of the dis- 
trict at a regular meeting. 



EDUCATION. 281 

The following subjects are required to be taught in every 
school district : orthography, orthoepy, reading, writing, 
grammar, geography, arithmetic, and the Constitutions of the 
United States and the State of Wisconsin. In all schools 
instruction is required to be given in physiology and hygiene, 
with special reference to the effects of stimulants and nar- 
cotics on the human system. All instruction is given in the 
English language, though boards in incorporated villages 
may authorize the teaching of a foreign language for not 
more than one hour a day. 

Contracts with teachers, in order to be valid, must be 
signed by two members of the board at a legal meeting, 
and must specify the wages per week, month, or year. 
" Twenty days of teaching constitute a school month, unless 
otherwise specified in the contract, and all legal holidays 
occurring on school days shall be counted, though no school 
shall be taught ; but school taught on a legal holiday shall 
not be counted for two school days, and no Saturdays shall 
be counted." Teachers are required by law, under penalty 
of forfeiture of wages, to keep a school register, giving the 
names, ages, and studies of all scholars attending school, 
together with a record of attendance and absence and such 
other facts as the State or county superintendent may 
require. 

Each member of the district board has special duties to 
perform. The clerk furnishes and preserves the school 
registers, keeps a record of all orders drawn for money, and 
is the secretary of the district meeting. The director 
countersigns orders drawn by the clerk on the treasurer, 
and is the legal representative of the district. The treasurer 
collects from the town treasurer the money due the district 
from the various State funds, and keeps a record of all 
moneys received or paid. 

In cities incorporated under the general law, the manage- 



252 CIVIL GOVERNMENT OF WISCONSIN. 

ment of educational matters is vested in a board consisting 
of a commissioner from each ward, and 

The City. . . . ' 

three commissioners at large, appointed by 
the mayor for a term of three years. This board elects a 
superintendent of schools, employs teachers, and has the 
general management of the schools. Cities which, before 
the adoption of the general charter for cities, elected their 
boards of education, are given the privilege of continuing 
such elections, unless a change is determined upon by a 
vote of three fourths of the common council. 

By the laws of 1891 every person having control of a 
child between the ages of seven and thirteen years is re- 
quired to send such child to some public or 
mnpu sory p r j vat;e sc hool for at least twelve weeks in 

Education. r 

every year, unless such child is being other- 
wise instructed in the elementary branches, or has already 
acquired such knowledge. Parents who fail to give their 
children the required amount of instruction, shall, upon con- 
viction, be fined any sum from three to twenty dollars for 
each offense. Upon written information as to the violation 
of the law, the director of the district, or, in cities, the 
president of the board of education, is required, under 
penalty, to prosecute the person guilty of such violation. 

Libraries may be established by districts, or by town- 
ships. In townships, books for the use of the various 

schools may be secured as follows : 

JO % 1} v a T"L e s 

The treasurer of each town is authorized 
to withhold from the school fund income ten cents for 
each person of school age in the town. Books are selected 
from lists published by the State superintendent, and it 
becomes the duty of the town clerk to keep a record of the 
books purchased, and to distribute them among the various 
school districts. 

In 1893 there were about 300 town libraries, containing 



EDUCATION. 283 

more than 54,000 volumes, and 6200 district libraries, 

containing about 28,000 volumes. 

* 

Review Questions. 

(Selected from questions used at State and county examinations.) 

1. In case of the removal or disability of both governor and 

lieutenant-governor, who would act as governor ? 

2. How are vacancies in the following offices filled : (a) gover- 

nor ; (b) superintendent of schools ; (c) supervisor of 
town ; (d) school district clerk ; (e) sheriff? 

3. Mention three provisions in the State Constitution that are 

similar to provisions found in the amendments to the 
Constitution of the United States. 

4. What is the provision in the declaration of rights with regard 

to the writ of habeas corpus ? 

5. What State officers must be citizens of the United States? 

State three ways in which a bill may become a law. 

6. What is the constitutional provision regarding the number 

of members in each house? How many legislative dis- 
tricts are there in the State ? By whom and how often 
are senate and assembly districts reformed ? 

7. Compare the methods of amending the State and United 

States Constitutions. 

8. What are the constitutional restrictions as to State debt ? As 

to municipal debts ? 

9. State the number, the time of election, the salary, and the 

term of members of each branch of the legislature. 

10. Can women vote in this State? Can foreigners ? If so, under 

what conditions ? 

11. What rights are guaranteed to every person accused of 

crime in this State ? 

12. Name four personal rights guaranteed by the State Consti- 

tution. 

13. What is the title of the presiding officer of the assembly? 

Of the senate ? How are these officers chosen ? 

14. Name one officer in each of the three departments of gov- 

ernment in a county. 

Short Civ. Gov. Wis. Ed.— 19. 



284 CIVIL GOVERNMENT OF WISCONSIN. 

15. Define treason against the State. What requirement is 

made in the Constitution for the conviction of a person 
accused of treason? • 

16. When is our State election held? What officers are then 

elected ? 

17. What is a jury ? When may trials by jury be had ? 

18. Explain the meaning of the following words and phrases as 

used in the Constitution: ex post facto law, allodial, jeop- 
ardy of punishment, reprieve, appellate jurisdiction, com- 
mutation, sectarian instruction, common law, corruption 
of blood, impeachment. 

19. Compare the legislative branch of this State with that of the 

United States, noting their points of resemblance and 
points of difference. 

20. Treat the judicial branch of this State and that of the United 

States in the same manner. 

21. Describe fully the requirements for citizenship of this State 

and the United States. 

22. What is the difference in the manner of choosing the judges 

of the courts of this State, and of choosing those of the 
United States courts ? 

23. What are capital crimes ? How are they punished ? 

24. What State officers are charged with the following duties : 

(a) management of the State finances? (b) prosecution 
of criminals in behalf of the State? (c) granting pardons 
to criminals convicted of crime? 

25. Mention some of the duties of the following State officers: 

treasurer, attorney-general, secretary of state, lieutenant- 
governor. 

26. By what authorities are new counties formed ? New towns ? 

New school districts? 

27. In what way does the manner of securing revenue to meet 

the expenses of the State differ from the manner adopted 
by the Federal Government for like purposes? 

28. Name the different courts in Wisconsin, and give a brief 

outline of the chief work of each. 

29. Explain the meaning of the following expressions as used in 

the Constitution : appellate jurisdiction, viva voce vote, 
vote by yeas and nays, qualified elector. 



EDUCATION. 285 

30. Name all the political subdivisions of the State and mention 

a function of each. 

31. What classes are not qualified voters in Wisconsin? 

32. How are district schools supported ? 

33. Upon what conditions is the income of the school fund an- 

nually apportioned ? 

34. Name the sources of the school fund in Wisconsin. 

35. Name three duties of school district officers. 

36. How much school money is each town or city required to 

raise ? 

37. Name the political divisions that compose your assembly 

district. 

38. How and by whom are assembly districts determined ? 

39. What business is performed at the town meeting? 

40. By what authority are villages incorporated? How are their 

powers determined ? 

41. What distinction is there in the power vested in the Legisla- 

ture to incorporate cities and the power to incorporate 
villages ? 

42. Name the different kinds of districts into which the State is 

divided. 

43. Explain the following clause of the State Constitution : " The 

people of the State, in their right of sovereignty, are de- 
clared to possess the ultimate property in and to all lands 
within the jurisdiction of the State." 

44. Explain the following clause : "All lands within the State are 

declared to be allodial, and feudal tenures are prohibited." 

45. A United States Senator is to be elected in Wisconsin this 

winter ; state in detail how it will be done. Is the man- 
ner of the election prescribed by law or by constitutional 
provision ? 

46. Explain how property is assessed in the State of Wisconsin, 

noticing especially the care that is taken that no injustice 
be done to any individual, town, or county. 

47. By whom are the various taxes levied ? By whom appor- 

tioned ? 

48. What is an assessment roll ? A tax roll ? 

49. For what are highway taxes levied ? By whom are they paid ? 

50. In general, which one of all the taxes is greatest ? 



WISCONSIN STATE CONSTITUTION OF 
1848, AS AMENDED. 



PREAMBLE. 



We, the people of Wisconsin, grateful to Almighty God for our free- 
dom, in order to secure its blessings, form a more perfect govern- 
ment, insure domestic tranquillity, and promote the general welfare, 
do establish this Constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section I. All men are born equally free and independent, and have 
certain inherent rights ; among these are life, liberty, and the pursuit of 
happiness. To secure these rights governments are instituted among 
men, deriving their just powers from the consent of the governed. 

Section 2. There shall be neither slavery nor involuntary servitude 
in this State otherwise than for the punishment for crime whereof the 
party shall have been duly convicted. 

Section 3. Every person may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of that right ; 
and no laws shall be passed to restrain or abridge the liberty of speech 
or of the press. In all criminal prosecutions or indictments for libel, 
the truth may be given in evidence ; and if it shall appear to the jury 
that the matter charged as libelous be true, and was published with good 
motives and for justifiable ends, the party shall be acquitted; and the 
jury shall have the right to determine the law and the facts. 

Section 4. The right of the people peaceably to assemble to consult 
for the common good, and to petition the government, or any depart- 
ment thereof, shall never be abridged. 

Section 5. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law, without regard to the amount in con- 
286 



STATE CONSTITUTION. 287 

troversy ; but a jury trial may be waived by the parties in all cases in the 
manner prescribed by law. 

Section 6. Excessive bail shall not be required, nor shall excessive 
fines be imposed, nor cruel and unusual punishment be inflicted. 

Section 7. In all criminal prosecutions the accused shall enjoy the 
right to be heard by himself and counsel ; to demand the nature and 
cause of the accusation against him ; to meet the witnesses face to face; 
to have compulsory process to compel the attendance of witnesses in his 
behalf; and, in prosecutions by indictment or information, to a speedy 
public trial by an impartial jury of the county or district wherein the 
offense shall have been committed; which county or district shall have 
been previously ascertained by law. 

Section 8 (as amended Nov. 8, i8jo). No person shall be held to an- 
swer for a criminal offense, without due process of law; and no person, 
for the same offense, shall be put twice in jeopardy of punishment, nor 
shall be compelled in any criminal case to be a witness against himself. 
All persons shall before conviction be bailable by sufficient sureties, ex- 
cept for capital offenses, when the proof is evident or the presumption 
great; and the privilege of the writ of habeas coj-pus shall not be sus- 
pended, unless when, in cases of rebellion or invasion, the public safety 
may require it. 

Section 9. Every person is entitled to a certain remedy in the laws, 
for all injuries or wrongs he may receive in his person, property, or 
character ; he ought to obtain justice freely, and without being obliged 
to purchase it, completely and without denial, promptly and without 
delay, conformably to the laws. 

Section 10. Treason against the State shall consist only in levying 
war against the same, or in adhering to its enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

Section ii. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and seizures, 
shall not be violated; and no warrant shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
p^ce to be searched and the persons or things to be seized. 

Section 12. No bill of attainder, ex post facto law, nor any law im- 
pairing the obligation of contracts, shall ever be passed; and no convic- 
tion shall work corruption of blood or forfeiture of estate. 

Section 13. The property of no person shall be taken for public use 
without just compensation therefor. 

Section 14. All lands within the State are declared to be allodial, 



288 CIVIL GOVERNMENT OF WISCONSIN. 

and feudal tenures are prohibited. Leases and grants of agricultural 
land for a longer term than fifteen years, in which rent or service of any 
kind shall be reserved, and all fines and like restraints upon alienation, 
reserved in any grant of land hereafter made, are declared to be void. 

Section 15. No distinction shall ever be made by law between resi- 
dent aliens and citizens, in reference to the possession, enjoyment, or 
descent of property. 

Section 16. No person shall be imprisoned for debt arising out of, 
or founded on, a contract, expressed or implied. 

Section 17. The privilege of the debtor to enjoy the necessary com- 
forts of life shall be recognized by wholesome laws, exempting a reason- 
able amount of property from seizure or sale for the payment of any 
debt or liability hereafter contracted. 

Section 18. The right of every man to worship Almighty God ac- 
cording to the dictates of his own conscience shall never be infringed, 
nor shall any man be compelled to attend, erect, or support any place 
of worship, or to maintain any ministry, against his consent. Nor shall 
any control of, or interference with, the rights of conscience, be per- 
mitted, or any preference be given by law to any religious establish- 
ments or mode of worship. Nor shall any money be drawn from the 
treasury for the benefit of religious societies, or religious or theological 
seminaries. 

Section 19. No religious tests shall ever be required as a qualifica- 
tion for any office or public trust under the State, and no person shall 
be rendered incompetent to give evidence in any court of law or equity, 
in consequence of his opinions on the subject of religion. 

Section 20. The military shall be in strict subordination to the civil 
power. 

Section 21. Writs of error shall never be prohibited by law. 

Section 22. The blessings of a free government can only be main- 
tained by a firm adherence to justice, moderation, temperance, frugality, 
and virtue, and by frequent recurrence to fundamental principles. 

ARTICLE II. 

BOUNDARIES. 

Section i. It is hereby ordained and declared that the State of Wis- 
consin doth consent and accept of the boundaries prescribed in the act 
of Congress entitled " An Act to enable the people of Wisconsin Terri- 
tory to form a Constitution and State Government, and for the admission 
of such State into the Union," approved August sixth, one thousand 
eight hundred and forty-six, to wit: beginning at the northeast corner 



STATE CONSTITUTION. 289 

of the State of Illinois, that is to say, at a point in the center of Lake 
Michigan where the line of forty-two degrees and thirty minutes of 
north latitude crosses the same; thence, running with the boundary of 
the State of Michigan, through Lake Michigan, Green Bay, to the mouth 
of the Menomonee river; thence up the channel of the said river to the 
Brule river; thence up said last mentioned river to Lake Brule; thence 
along the southern shore of Lake Brule, in a direct line to the center of 
the channel between Middle and South Islands, in the Lake of the 
Desert; thence in a direct line to the head waters of the Montreal river, 
as marked upon the survey made by Captain Cram; thence down the 
main channel of the Montreal river to the middle of Lake Superior; 
thence through the center of Lake Superior to the mouth of the St. 
Louis river; thence up the main channel of said river to the first rapids 
in the same, above the Indian village, according to Nicollet's map; 
thence due south to the main branch of the river St. Croix; thence 
down the main channel of said river to the Mississippi; thence down 
the center of the main channel of that river to the northwest corner of 
the State of Illinois ; thence due east with the northern boundary of the 
State of Illinois, to the place of beginning, as established by "An Act to 
enable the people of the Illinois Territory to form a Constitution and 
State Government, and for the admission of such State into the Union 
on an equal footing with the original States," approved April 18, 1818. 
[* Provided, however, That the following alteration of the aforesaid boun- 
dary be, and hereby is, proposed to the Congress of the United States 
as the preference of the State of Wisconsin, and if the same shall be 
assented and agreed to by the Congress of the United States, then the 
same shall be and forever remain obligatory on the State of Wisconsin, 
viz. : leaving the aforesaid boundary line at the foot of the rapids of the St. 
Louis river ; thence, in a direct line bearing southwesterly, to the mouth 
of the Lkodewabo or Rum river, where the same empties into the Mis- 
sissippi river, thence down the main channel of the said Mississippi 
river, as prescribed in the aforesaid boundary.] 

Section 2. The propositions contained in the act of Congress are 
hereby accepted, ratified, and confirmed, and shall remain irrevocable 
without the consent of the United States; and it is hereby ordained 
that this State shall never interfere with the primary disposition of the 
soil within the same, by the United States, nor with any regulations 
Congress may find necessary for securing the title in such soil to bo?ta 
fide purchasers thereof; and no tax shall be imposed on land the prop- 
erty of the United States; and in no case shall non-resident proprietors 
be taxed higher than residents. Provided, That nothing in this Consti- 
* Not assented to by Congress. 



290 CIVIL GOVERNMENT OF WISCONSIN. 

tution, or in the act of Congress aforesaid, shall in any manner preju- 
dice or affect the right of the State of Wisconsin to five hundred 
thousand acres of land granted to said State, and to be hereafter selected 
and located, by and under the act of Congress entitled " An Act to ap- 
propriate the proceeds of sales of the public lands, and grant preemp- 
tion rights," approved September fourth, one thousand eight hundred 
and forty-one. 

ARTICLE III. 

SUFFRAGE. 

Section i (as amended Nov. 7, 1882), Every male person of the age 
of twenty-one years or upwards belonging to either of the following 
classes, who shall have resided within the State for one year next pre- 
ceding any election, and in the election district where he offers to vote 
such time as may be prescribed by the Legislature, not exceeding thirty 
days, shall be deemed a qualified elector at such election : — 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their intention to 
become citizens conformably to the laws of the United States on the 
subject of naturalization. 

3. Persons of Indian blood who have once been declared by law of 
Congress to be citizens of the United States, any subsequent law of 
Congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent not members of any tribe. 
Provided, That the Legislature may at any time extend by law the right 
of suffrage to persons not herein enumerated ; but no such law shall be 
in force until the same shall have been submitted to a vote of the peo- 
ple at a general election, and approved by a majority of all the votes 
cast at such election; and provided further, That in incorporated cities 
and villages, the Legislature may provide for the registration of electors, 
and prescribe proper rules and regulations therefor. 

Section 2. No person under guardianship, non compos mentis, or 
insane, shall be qualified to vote at any election ; nor shall any person 
convicted of treason or felony be qualified to vote at any election, unless 
restored to civil rights. 

Section 3. All votes shall be given by ballot, except for such town- 
ship officers as may by law be directed or allowed to be otherwise 
chosen. 

Section 4. No person shall be deemed to have lost his residence in 
this State by reason of his absence on business of the United States 
or of this State. 



STATE CONSTITUTION. 29 1 

Section 5. No soldier, seaman, or marine, in the army or navy of 
the United States, shall be deemed a resident of this State in conse- 
quence of being stationed within the same. 

Section 6. Laws may be passed excluding from the right of suf- 
frage all persons who have been or may be convicted of bribery or 
larceny, or of any infamous crime, and depriving every person who 
shall make, or become directly or indirectly interested in, any bet or 
wager depending upon the result of any election, from the right to vote 
at such election. 



ARTICLE IV. 

LEGISLATIVE. 

Section i. The legislative power shall be vested in a Senate and 
Assembly. 

Section 2. The number of the members of the Assembly shall never 
be less than fifty-four, nor more than one hundred. The Senate shall 
consist of a number not more than one third, nor less than one fourth, 
of the number of the members of the Assembly. 

Section 3. The Legislature shall provide by law for an enumeration 
of the inhabitants of the State, in the year one thousand eight hundred 
and fifty-five, and at the end of every ten years thereafter ; and at their 
first session after such enumeration, and also for each enumeration 
made by the authority of the United States, the Legislature shall appor- 
tion and district anew the members of the Senate and Assembly, ac- 
cording to the number of inhabitants, excluding Indians not taxed, and 
soldiers and officers of the United States army and navy. 

Section 4 {as amended A 7 ov. 8, 1881). The members of the Assembly 
shall be chosen biennially by single districts on the Tuesday succeeding 
the first Monday of November after the adoption of this amendment, by 
the qualified electors of the several districts ; such districts to be bounded 
by county, precinct, town, or ward lines, to consist of contiguous terri- 
tory, and be in as compact form as practicable. 

Section 5 {as amended Nov. 8, 1887). The senators shall be elected 
by single districts of convenient contiguous territory, at the same time 
and in the same manner as members of the Assembly are required to be 
chosen, and no Assembly District shall be divided in the formation of a 
Senate District. The Senate Districts shall be numbered in the regular 
series, and the senators shall be chosen alternately from the odd and 
even numbered districts. The senators elected or holding over at the 
time of the adoption of this amendment, shall continue in office till their 



292 CIVIL GOVERNMENT OF WISCONSIN. 

successors are duly elected and qualified ; and after the adoption of this 
amendment, all senators shall be chosen for the term of four years. 

Section 6. No person shall be eligible to the Legislature who shall 
not have resided one year within the State, and be a qualified elector in 
the district which he may be chosen to represent. 

Section 7. Each House shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each shall con- 
stitute a quorum to do business ; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent members, in 
such manner and under such penalties as each House may provide. 

Section 8. Each House may determine the rules of its own proceed- 
ings, punish for contempt and disorderly behavior, and, with the con- 
currence of two thirds of all the members elected, expel a member; but 
no member shall be expelled a second time for the same cause. 

Section 9. Each House shall choose its own officers, and the Senate 
shall choose a temporary president, when the lieutenant governor shall 
not attend as president, or shall act as governor. 

Section 10. Each House shall keep a journal of its proceedings, and 
publish the same, except such parts as require secrecy. The doors of 
each House shall be kept open except when the public welfare shall re- 
quire secrecy. Neither House shall, without the consent of the other, 
adjourn for more than three days. 

Section ii (as amended Nov. <?, 1881). The Legislature shall meet 
at the seat of government, at such time as shall be provided by law, 
once in two years and no oftener, unless convened by the governor in 
special session ; and when so convened no business shall be transacted 
except as shall be necessary to accomplish the special purposes for which 
it was convened. 

Section 12. No member of the Legislature shall, during the term 
for which he was elected, be appointed or elected to any civil office in 
the State which shall have been created, or the emoluments of which 
shall have been increased, during the term for which he was elected. 

Section 13. No person being a member of Congress, or holding any 
military or civil office under the United States, shall be eligible to a 
seat in the Legislature ; and if any person shall, after his election as a 
member of the Legislature, be elected to Congress, or be appointed to 
any office, civil or military, under the Government of the United States, 
his acceptance thereof shall vacate his seat. 

Section 14. The governor shall issue writs of election to fill such 
vacancies as may occur in either House of the Legislature. 

Section 15. Members of the Legislature shall, in all cases except 
treason, felony, and breach of the peace, be privileged from arrest; nor 



STATE CONSTITUTION. 293 

shall they be subject to any civil process during the session of the Leg- 
islature, nor for fifteen days next before the commencement and after 
the termination of each session. 

Section 16. No member of the Legislature shall be liable in any civil 
action or criminal prosecution whatever, for words spoken in debate. 

Section 17. The style of the laws of the State shall be, "The people 
of the State of Wisconsin, represented in Senate and Assembly, do enact 
as follows," and no law shall be enacted except by bill. 

Section 18 No private or local bill which may be passed by the 
Legislature shall embrace more than one subject, and that shall be ex- 
pressed in the title. 

Section 19. Any bill may originate in either House of the Legisla- 
ture, and a bill passed by one House may be amended by the other. 

Section 20. The yeas and nays of the members of either House, on 
any question, shall, at the request of one sixth of those present, be 
entered on the journal. 

Section 21 (as amended Nov. S, 1881). Each member of the Legis- 
lature shall receive for his services, for and during a regular session, 
the sum of five hundred dollars, and ten cents for every mile he shall 
travel in going to and returning from the place of meeting of the Legis- 
lature, on the most usual route. In case of an extra session of the 
Legislature, no additional compensation shall be allowed to any mem- 
ber thereof, either directly or indirectly, except for mileage, to be com- 
puted at the same rate as for a regular session. No stationery, news- 
papers, postage, or other perquisite, except the salary and mileage above 
provided, shall be received from the State by any member of the Legis- 
lature for his services, or in any other manner ns such member. 

Section 22. The Legislature may confer upon the boards of supervis- 
ors of the several counties of the State, such powers, of a local, legislative, 
and administrative character, as they shall from time to time prescribe. 

Section 23. The Legislature shall establish but one system of town 
and county government, which shall be as nearly uniform as practicable. 

Section 24. The Legislature shall never authorize any lottery, or 
grant any divorce. 

Section 25. The Legislature shall provide by law that all stationery 
required for the use of the State, and all printing authorized and re- 
quired by them to be done for their use, or for the State, shall be let by 
contract to the lowest bidder; but the Legislature may establish a maxi- 
mum price. No member of the Legislature, or other State officer, shall 
be interested, either directly or indirectly, in any such contract. 

Section 26. The Legislature shall never grant any extra compensa- 
tion to any public officer, agent, servant, or contractor, after the service 



294 CIVIL GOVERNMENT OF WISCONSIN. 

shall have been rendered, or the contract entered into. Nor shall the 
compensation of any public officer be increased or diminished during 
his term of office. 

Section 27. The Legislature shall direct by law in what manner and 
in what court suit may be brought against the State. 

Section 28. Members of the Legislature, and all officers, executive and 
judicial, except such inferior officers as may be by law exempted, shall, 
before they enter upon the duties of their respective offices, take and 
subscribe an cath or affirmation to support the Constitution of the United 
States and the Constitution of the State of Wisconsin, and faithfully 
to discharge the duties of their respective offices to the best of their 
ability. 

Section 29. The Legislature shall determine what persons shall con- 
stitute the militia of the State, and may provide for organizing and dis- 
ciplining the same, in such manner as shall be prescribed by law. 

Section 30. In all elections to be made by the Legislature, the mem- 
bers thereof shall vote viva voce, and their votes shall be entered on the 
journal. 

Section 31 {added to the Constitution Nov. 7, 1871). The Legislature 
is prohibited from enacting any special or private laws in the following 
cases : 1st. For changing the name of persons, or constituting one per- 
son the heir at law of another. 2d. For laying out, opening, or altering 
highways, except in cases of State roads extending into more than one 
county, and military roads, to aid in the construction of which, lands 
may be granted by Congress. 3d. For authorizing persons to keep 
ferries across streams at points wholly within this State. 4th. For au- 
thorizing the sale or mortgage of real or personal property of minors 
or others under disability. 5th. For locating or changing any county 
seat. 6th. For assessment or collection of taxes or for extending the 
time for collection thereof. 7th. For granting corporate powers or priv- 
ileges, except to cities. 8th. For authorizing the apportionment of any 
part of the school fund. 9th. For incorporating any town or village 
or to amend the charter thereof. 

Section 32 (added to the Constitution Nov. 7, 1S71). The Legislature 
shall provide general laws for the transaction of any business that may 
be prohibited by section thirty-one of this article, and all such laws shall 
be uniform in their operations throughout the State. 

ARTICLE V. 

EXECUTIVE. 

Section i. The executive power shall be vested in a governor, who 
shall hold his office for two years. A lieutenant governor shall be 
elected at the same time and for the same term. 



STATE CONSTITUTION. 295 

Section 2. No person, except a citizen of the United States and a 
qualified elector of the State, shall be eligible to the office of governor or 
lieutenant governor. 

Section 3. The governor and lieutenant governor shall be elected 
by the qualified electors of the State at the times and places of choosing 
members of the Legislature. The persons respectively having the 
highest number of votes for governor and lieutenant governor shall 
be elected. But in case two or more shall have an equal and the highest 
number of votes for governor or lieutenant governor, the two Houses 
of the Legislature, at its next annual session, shall forthwith, by joint 
ballot, choose one of the persons so having an equal and the highest 
number of votes for governor or lieutenant governor. The returns of 
election for governor and lieutenant governor shall be made in such 
manner as shall be provided by law. 

Section 4. The governor shall be commander in chief of the mili- 
tary and naval forces of the State. He shall have the power to convene 
the Legislature on extraordinary occasions ; and in case of invasion, or 
danger from the prevalence of contagious disease at the seat of the gov- 
ernment, he may convene them at any other suitable place within the 
State. He shall communicate to the Legislature, at every session, the 
condition of the State, and recommend such matter to them for their 
consideration as he may deem expedient. He shall transact all neces- 
sary business with the officers of the government, civil and military. 
He shall expedite all such measures as may be resolved upon by the 
Legislature, and shall take care that the laws be faithfully executed. 

Section 5 (as amended A T ov. 2, 1869). The governor shall receive 
during his continuance in office an annual compensation of five thousand 
dollars, which shall be in full for all traveling or other expenses incident 
to his duties. 

Section 6. The governor shall have power to grant reprieves, com- 
mutations, and pardons, after conviction, for all offenses except treason 
and cases of impeachment, upon such conditions and with such restric- 
tions and limitations as he may think proper, subject to such regulations 
as may be provided by law relative to the manner of applying for 
pardons. Upon conviction for treason, he shall have the power to sus- 
pend the execution of the sentence until the case shall be reported to 
the Legislature, at its next meeting ; when the Legislature shall either 
pardon, or commute the sentence, direct the execution of the sentence, or 
grant a further reprieve. He shall annually communicate to the Legis- 
lature each case of reprieve, commutation, or pardon granted, stating the 
name of the convict, the crime of which he was convicted, the sentence 
and its date, and the date of the commutation, pardon, or reprieve, with 
his reasons for granting the same. 



296 CIVIL GOVERNMENT OF WISCONSIN. 

Section 7. In case of the impeachment of the governor, or his re- 
moval from office, death, inability from mental or physical disease, res- 
ignation, or absence from the State, the powers and duties of the office 
shall devolve upon the lieutenant governor for the residue of the 
term, or until the governor, absent or impeached, shall have returned, 
or the disability shall cease. But when the governor shall, with the 
consent of the Legislature, be out of the State in time of war, at the 
head of the military force thereof, he shall continue commander in chief 
of the military force of the State. 

Section 8. The lieutenant governor shall be president of the Sen- 
ate, but shall have only a casting vote therein. If, during a vacancy in 
the office of governor, the lieutenant governor shall be impeached, dis- 
placed, resign, die, or from mental or physical disease become incap- 
able of performing the duties of his office, or be absent from the State, 
the secretary of state shall act as governor until the vacancy shall be 
filled, or the disability shall cease. 

Section 9 {as amended Nov. <?, iS6g). The lieutenant governor shall 
receive during his continuance in office an annual compensation of one 
thousand dollars. 

Section 10. Every bill which shall have passed the Legislature 
shall, before it becomes a law, be presented to the governor. If he 
approve, he shall sign it ; but if not, he shall return it, with his objections, 
to that House in which it shall have originated, who shall enter the ob- 
jections at large upon the journal, and proceed to reconsider it. If, 
after such reconsideration, two thirds of the members present shall 
a^ree to pass the bill, it shall be sent, together with the objections, to 
the other House, by which it shall likewise be reconsidered, and if ap- 
proved by two thirds of the members present, it shall become a law. 
But in all such cases, the votes of both Houses shall be determined by 
yeas and nays, and the names of the members voting for or against the 
bill shall be entered on the journal of each House respectively. If any 
bill shall not be returned by the Governor within three days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law, unless the Legislature shall, by their adjournment, prevent its 
return ; in which case it shall not be a law. 



ARTICLE VI. 

ADMINISTRATIVE. 

Section i. There shall be chosen by the qualified electors of the 
State, at the times and places of choosing the members of the Legisla- 



STATE CONSTITUTION. 297 

ture, a secretary of state, treasurer, and attorney general, who shall 
severally hold their offices for the term of two years. 

Section 2. The secretary of state shall keep a fair record of the 
official acts of the Legislature and Executive Department of the State, 
and shall, when required, lay the same and all matters relative thereto 
before either branch of the Legislature. He shall be ex officio auditor, 
and shall perform such other duties as shall be assigned him by law. 
He shall receive as a compensation for his services, yearly, such sum 
as shall be provided by law, and shall keep his office at the seat of 
government. 

Section 3. The powers, duties, and compensation of the treasurer 
and attorney general, shall be prescribed bylaw. 

Section 4 (as amended Nov. 7, 1882). Sheriffs, coroners, registers 
of deeds, district attorneys, and all other county officers, except judicial 
officers, shall be chosen by the electors of the respective counties once 
in every two years. Sheriffs shall hold no other office, and be ineligible 
for two years next succeeding the termination of their offices. They 
may be required by law to renew their security from time to time; 
and in default of giving such new security their office shall be deemed 
vacant ; but the county shall never be made responsible for the acts of 
the sheriff. The governor mav remove any officer in this section men- 
tioned, giving to such a copy of the charges against him and an oppor- 
tunity of being heard in his defense. All vacancies shall be filled by 
appointment, and the person appointed to fill a vacancy shall hold only 
for the unexpired portion of the term to which he shall be appointed and 
until his successor shall be elected and qualified. 

ARTICLE VII. 

JUDICIARY. 

Section i. The court for the trial of impeachments shall be com- 
posed of the Senate. The House of Representatives shall have the 
power of impeaching all civil officers of this State, for corrupt conduct 
in office, or for crimes and misdemeanors ; but a majority of all the 
members elected shall concur in an impeachment. On the trial of an 
impeachment against the governor, the lieutenant governor shall not 
act as a member of the court. No judicial officer shall exercise his 
office, after he shall have been impeached, until his acquittal. Before 
the trial of an impeachment, the members of the court shall take an oath 
or affirmation truly and impartially to try the impeachment according 
to evidence ; and no person shall be convicted without the concurrence 
of two thirds of the members present. Judgment in cases of impeach- 



298 CIVIL GOVERNMENT OF WISCONSIN. 

me nt shall not extend further than to removal from office, or removal 
from office and disqualification to hold any office of honor, profit, or 
trust, under the State ; but the party impeached shall be liable to indict- 
ment, trial, and punishment according to law. 

Section 2. The judicial power of this State, both as to matters of law 
and equity, shall be vested in a Supreme Court, circuit courts, courts 
of probate, and in justices of the peace. The Legislature may also 
vest such jurisdiction as shall be deemed necessary in municipal courts, 
and shall have power to establish inferior courts in the several counties, 
with limited civil and criminal jurisdiction. Provided, That the jurisdic- 
tion which may be vested in municipal courts shall not exceed in their 
respective municipalities that of circuit courts in their respective cir- 
cuits, as prescribed in this Constitution ; and that the Legislature shall 
provide as well for the election of judges of the municipal courts as of 
the judges of inferior courts, by the qualified electors of the respective 
jurisdictions. The term of office of the judges of the said municipal 
and inferior courts shall not be longer than that of the judges of the 
circuit courts. 

Section 3. The Supreme Court, except in cases otherwise provided 
in this Constitution, shall have appellate jurisdiction only, which shall 
be coextensive with the State ; but in no case removed to the Supreme 
Court shall a trial by jury be allowed. The Supreme Court shall have 
a general superintending control over all inferior courts ; it shall have 
power to issue writs of habeas corpus, mandamus, injunction, quo war- 
ranto, certiorari, and other original and remedial writs, and to hear and 
determine the same. 

Section 4 {as amended April 2, 1889). The chief justice and asso- 
ciate justices of the supreme court shall be severally known as justices 
of said court, with the same terms of office respectively as now provided. 
The supreme court shall consist of five justices (any three of whom 
shall be a quorum), to be elected as now provided. The justice having 
been longest a continuous member of the court (or in case of two or 
more of such senior justices having served for the same length of time, 
then the one whose commission first expires) shall be ex officio the chief 
justice. 

Section 5. (Specifies the boundaries of the five judicial circuits into 
which the State was originally divided.) 

Section 6. The Legislature may alter the limits, or increase the 
number of circuits, making them as compact and convenient as practi- 
cable, and bounding them by county lines ; but no such alteration or in- 
crease shall have the effect to remove a judge from office. In case of an 
increase of circuits, the judge or judges shall be elected as provided in 



STATE CONSTITUTION. 299 

this Constitution, and receive a salary not less than that herein provided 
for judges of the circuit court. 

Section 7. For each circuit there shall be a judge chosen by the 
qualified electors therein, who shall hold his office as is provided in this 
Constitution, and until his successor shall be chosen and qualified; and 
after he shall have been elected, he shall reside in the circuit for which 
he was elected. One of said judges shall be designated as chief justice, 
in such manner as the Legislature shall provide. And the Legislature 
shall, at its first session, provide by law, as well for the election of as 
for classifying the judges of the circuit court, to be elected under this 
Constitution, in such a manner that one of said judges shall go out of 
office in two years, one in three years, one in four years, one in five 
years, and one in six years ; and thereafter the judge elected to fill the 
office shall hold the same for six years. 

Section 8. The circuit courts shall have original jurisdiction in all 
matters, civil and criminal, within this State, not excepted in this Con- 
stitution and not hereafter prohibited by law, and appellate jurisdiction 
from all inferior courts and tribunals, and a supervisory control over the 
same. They shall also have the power to issue writs of habeas corpus, 
mandamus, injunction, quo warranto, certiarari, and all other writs 
necessary to carry into effect their orders, judgments, and decrees, and 
give them a general control over inferior courts and jurisdictions. 

Section 9. When a vacancy shall happen in the office of judge of the 
Supreme or circuit courts, such vacancy shall be filled by an appoint- 
ment of the governor, which shall continue until a successor is elected 
and qualified ; and when elected, such successor shall hold his office the 
residue of the unexpired term. There shall be no election for a judge 
or judges at any general election for State or county officers, nor within 
thirty days either before or after such election. 

Section 10. Each of the judges of the Supreme and circuit courts, 
shall receive a salary, payable quarterly, of not less than one thousand 
five hundred dollars annually ; they shall receive no fees of office, or 
other compensation than their salaries ; they shall hold no office of 
public trust, except a judicial office, during the term for which they are 
respectively elected ; and all votes for either of them, for any office except 
a judicial office given by the Legislature or the people, shall be void. 
No person shall be eligible to the office of judge, who shall not, at the 
time of his election, be a citizen of the United States, and have attained 
the age of twenty -five years, and be a qualified elector within the juris- 
diction for which he may be chosen. 

Section ii. The Supreme Court shall hold at least one term annu- 
ally, at the seat of government of the State, at such time as shall be pro- 
Short Civ. Gov. Wis. Ed. — 20. 



300 CIVIL GOVERNMENT OF WISCONSIN. 

vided by law ; and the Legislature may provide for holding other terms, 
and at other places, when they may deem it necessary. A circuit court 
shall be held at least twice in each year, in each county of this State, or- 
ganized for judicial purposes. The judges of the circuit court may 
hold courts for each other, and shall do so when required by law. 

Section 12 {as amended Nov. 7,1882). There shall be a clerk of 
the circuit court, chosen in each county organized for judicial purposes 
by the qualified electors thereof, who shall hold his office for two years, 
subject to removal, as shall be provided by law. In case of a vacancy, 
the judge of the circuit court shall have power to appoint a clerk until 
the vacancy shall be filled by an election. The clerk thus elected or 
appointed shall give such security as the Legislature may require. The 
supreme court shall appoint its own clerk, and a clerk of the circuit court 
may be appointed a clerk of the supreme court. 

Section 13. Any judge of the Supreme or circuit court may be 
removed from office by address of both Houses of the Legislature, if 
two thirds of all the members elect to each House concur therein; but 
no removal shall be made by virtue of this section, unless the judge 
complained of shall have been served with a copy of the charges against 
him as the ground of address, and shall have had an opportunity of 
being heard in his defense. On the question of removal, the ayes and 
noes shall be entered on the journals. 

Section 14. There shall be chosen in each county, by the qualified 
electors thereof, a judge of probate, who shall hold his office for two 
years and until his successor shall be elected and qualified, and whose 
jurisdiction, powers, and duties shall be prescribed by law. Provided, 
however, That the Legislature shall have power to abolish the office of 
judge of probate in any county, and to confer probate powers upon 
such inferior courts as may be established in said county. 

Section 15. The electors of the several towns at their annual town 
meetings, and the electors of cities and villages at their charter elec- 
tions, shall, in such manner as the Legislature may direct, elect justices 
of the peace, whose term of office shall be for two years and until their 
successors in office shall be elected and qualified. In case of an election 
to fill a vacancy occurring before the expiration of a full term, the justice 
elected shall hold for the residue of the unexpired term. Their number 
and classifications shall be regulated by law. And the tenure of two 
years shall in no wise interfere with the classification in the first instance. 
The justices thus elected shall have such civil and criminal jurisdiction as 
shall be prescribed by law. 

Section 16. The Legislature shall pass laws for the regulation of 
tribunals of conciliation, defining their powers and duties. Such tribu- 



STATE CONSTITUTION. 301 

nals may be established in and for any township, and shall have power 
to render judgment, to be obligatory on the parties, when they shall 
voluntarily submit their matter in difference to arbitration, and agree to 
abide the judgment, or assent thereto in writing. 

Section 17. The style of all writs and process shall be, " The State 
of Wisconsin.'' All criminal prosecutions shall be carried on in the 
name and by the authority of the same; and all indictments shall con- 
clude against the peace and dignity of the State. 

Section 18. The Legislature shall impose a tax on all civil suits com- 
menced or prosecuted in the municipal, inferior, or circuit courts ; which 
shall constitute a fund to be applied toward the payment of the salary 
of the judges. 

Section 19. The testimony in causes in equity shall be taken in like 
manner as in cases at law ; and the office of master in chancery is hereby 
prohibited. 

Section 20. Any suitor in any court in this State shall have the right 
to prosecute or defend his suit either in his own proper person or by an 
attorney or agent of his choice. 

Section 21. The Legislature shall provide by law for the speedy 
publication of all statute laws, and of such judicial decisions made within 
the State, as may be deemed expedient. And no general law shall be 
in force until published. 

Section 22. The Legislature, at its first session after the adoption of 
this Constitution, shall provide for the appointment of three commis- 
sioners, whose duty it shall be to inquire into, revise, and simplify the 
rules of practice, pleadings, forms, and proceedings, and arrange a 
system adapted to the courts of record of this State, and report the same 
to the Legislature, subject to their modification and adoption; and such 
commission shall terminate upon the rendering of the report, unless 
otherwise provided by law. 

Section 23. The Legislature may provide for the appointment of 
one or more persons in each organized county, and may vest in such 
persons such judicial powers as shall be prescribed by law. Provided, 
That said power shall not exceed that of a judge of the circuit court at 
chambers. 

ARTICLE VIII. 

finance. 

Section i. The rule of taxation shall be uniform, and taxes shall be 
levied upon such property as the Legislature shall prescribe. 

Section 2 (as amended Nov. 6, 1877). No money shall be paid out 



302 CIVIL GOVERNMENT OF WISCONSIN. 

of the treasury except in pursuance of an appropriation by law. No 
appropriation shall be made for the payment of any claim against the 
State, except claims of the United States, and judgments, unless filed 
within six years after the claim accrued. 

Section 3. The credit of the State shall never be given or 1 aned in 
aid of any individual, association, or corporation. 

Section 4. The State shall never contract any public debt, except in 
the cases and manner herein provided. 

Section 5. The Legislature shall provide for an annual tax sufficient 
to defray the estimated expenses of the State for each year ; and when- 
ever the expenses of any year shall exceed the income, the Legislature 
shall provide for levying a tax for the ensuing year, sufficient, with 
other sources of income, to pay the deficiency as well as the estimated 
expenses of such ensuing year. 

Section 6. For the purpose of defraying extraordinary expenditures, 
the State may contract public debts; but such debts shall never, in the 
aggregate, exceed one hundred thousand dollars. Every such debt shall 
be authorized by law, for some purpose or purposes to be distinctly 
specified therein ; and the vote of a majority of all the members elected to 
each House, to be taken by yeas and nays, shall be necessary to the pas- 
sage of such law ; and every such law shall provide for levying an 
annual tax sufficient to pay the annual interest of such debt, and the 
principal within five years from the passage of such law, and shall spe- 
cially appropriate the proceeds of such taxes to the payment of such 
principal and interest; and such appropriation shall not be repealed, 
nor the taxes be postponed or diminished, until the principal and interest 
of such debt shall have been wholly paid. 

Section' 7. The Legislature may also borrow money to repel invasion, 
suppress insurrection, or defend the State in time of war ; but the 
money thus raised shall be applied exclusively to the object for which the 
loan was authorized or to the repayment of the debt thereby created. 

Section 8. On the passage, in either House of the Legislature, of 
any law which imposes, continues, or renews a tax, or creates a debt 
or charge, or makes, continues, or renews an appropriation of public or 
trust money, or releases, discharges, or commutes a claim or demand of 
the State, the question shall be taken by yeas and nays, which shall be 
duly entered on the journal; and three fifths of all the members elected 
to such House shall in all such cases be required to constitute a quorum 
therein. 

Section 9. No script, certificate, or other evidence of State debt what- 
soever, shall be issued, except for such debts as are authorized by the 
sixth and seventh sections of this article. 



STATE CONSTITUTION. 303 

Section 10. The State shall never contract any debt for works of 
internal improvement, or be a party in carrying on such works ; but 
whenever grants of land or other property shall have been made to the 
State, especially dedicated by the grant to particular works of internal 
improvement, the State may carry on such particular works, and shall 
devote thereto the avails of such grants, and may pledge or appropri- 
ate the revenues derived from such works in aid of their completion. 



ARTICLE IX. 

EMINENT DOMAIN AND PROPERTY OF THE STATE. 

Section I. The State shall have concurrent jurisdiction on all rivers 
and lakes bordering on this State, so far as such rivers or lakes shall 
form a common boundary to the State, and any other State or Territory 
now or hereafter to be formed and bounded by the same. And the 
river Mississippi and the navigable waters leading into the Mississippi 
and St. Lawrence, and the carrying places between the same, shall be 
common highways, and forever free, as well to the inhabitants of the 
State as to the citizens of the United States, without any tax, impost, or 
duty therefor. 

Section 2. The title of all lands and other property which have 
accrued to the Territory of Wisconsin, by grant, gift, purchase, for- 
feiture, escheat, or otherwise, shall vest in the State of Wisconsin. 

Section 3. The people of the State, in their right of sovereignty, are 
declared to possess the ultimate property in and to all lands within the 
jurisdiction of the State; and all lands the title to which shall fail from 
a defect of heirs shall revert or escheat to the people. 

ARTICLE X. 

EDUCATION. 

Section i. The supervision of public instruction shall be vested in 
a State superintendent, and such other officers as the Legislature shall 
direct. The State superintendent shall be chosen by the qualified 
electors of the State in such manner as the Legislature shall provide ; 
his powers, duties, and compensation shall be prescribed by law. 
Provided, That his compensation shall not exceed the sum of twelve 
hundred dollars annually. 

Section 2. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State, for educational pur- 
poses (except the lands heretofore granted for the purposes of a Uni- 



304 CIVIL GOVERNMENT OF WISCONSIN. 

versity), and all moneys, and the clear proceeds of all property that 
may accrue to the State by forfeiture or escheat, and all moneys which 
may be paid as an equivalent for exemption from military duty, and the 
clear proceeds of all fines collected in the several counties for any 
breach of the penal laws, and all moneys arising from any grant to the 
State where the purposes of such grant are not specified, and the five 
hundred thousand acres of land to which the State is entitled by J:he 
provisions of an act of Congress entitled "An Act to appropriate the 
proceeds of the sale of public lands, and to grant preemption rights, ,, 
approved the fourth day of September, one thousand eight hundred and 
forty-one, and also the five per centum of the net proceeds of the public 
lands to which the State shall become entitled on her admission into 
the Union (if Congress shall consent to such appropriation of the two 
grants last mentioned), shall be set apart as a separate fund, to be called 
the " School Fund," the interest of which, and all other revenues derived 
from the school lands, shall be exclusively applied to the following ob- 
jects, to wit : — 

1. To the support and maintenance of common schools in each school 
district, and the purchase of suitable libraries and apparatus therefor. 

2. The residue shall be appropriated to the support and maintenance 
of academies and normal schools, and suitable libraries and apparatus 
therefor. 

Section 3. The Legislature shall provide by law for the establish- 
ment of district schools, which shall be as nearly uniform as practicable, 
and such schools shall be free and without charge for tuition to all chil- 
dren between the ages of four and twenty years, and no sectarian in- 
struction shall be allowed therein. 

Section 4. Each town and city shall be required to raise by tax, 
annually, for the support of common schools therein, a sum not less 
than one half the amount received by such town or city respectively for 
school purposes, from the income of the school fund. 

Section 5. Provision shall be made by law for the distribution of 
the income of the school fund among the several towns and cities of the 
State, for the support of common schools therein, in some just propor- 
tion to the number of children and youth resident therein, between the 
ages of four and twenty years; and no appropriation shall be made from 
the school fund to any city or town for the year in which said city or 
town shall fail to raise such tax, nor to any school district for the year 
in which a school shall not be maintained at least three months. 

Section 6. Provision shall be made by law for the establishment of a 
State University at or near the seat of State Government, and for con- 
necting with the same from time to time such colleges in different parts 



STATE CONSTITUTION. 305 

of the State, as the interests of education may require. The proceeds 
of all lands that have been, or may hereafter be, granted by the United 
States to the State for the support of a University, shall be and remain 
a perpetual fund to be called the " University Fund," the interest of 
which shall be appropriated to the support of the State University, and 
no sectarian instruction shall be allowed in such University. 

Section 7. The secretary of state, treasurer, and attorney general 
shall constitute a board of commissioners for the sale of the school and 
University lands and for the investment of the funds arising therefrom. 
Any two of said commissioners shall be a quorum for the transaction 
of all business pertaining to the duties of their office. 

Section 8. Provision shall be made by law for the sale of all school 
and University lands, after they shall have been appraised; and when 
any portion of such lands shall be sold, and the purchase money shall 
not be paid at the time of the sale, the commissioners shall take security, 
by mortgage upon the land sold, for the sum remaining unpaid, with 
seven per cent, interest thereon, payable annually at the office of the 
treasurer; The commissioners shall be authorized to execute a good 
and sufficient conveyance to all purchasers of such lands, and to dis- 
charge any mortgages taken as security, when the sum due thereon shall 
have been paid. The commissioners shall have power to withhold 
from sale any portion of such lands when they shall deem it expedient, 
and shall invest all moneys arising from the sale of such lands, as well 
as all other University and school funds, in such manner as the Legis- 
lature shall provide, and shall give such security for the faithful per- 
formance of their duties as may be required by law. 

ARTICLE XI. 

CORPORATIONS. 

Section i. Corporations wiriiout banking powers or privileges may 
be formed under general laws, but shall not be created by special act, 
except for municipal purposes, and in cases where, in the judgment of 
the Legislature, the objects of the corporation cannot be attained under 
general laws. All general laws or special acts enacted under the provi- 
sions of this section may be altered or repealed by the Legislature at 
any time after their passage. 

Section 2. No municipal corporation shall take private property for 
public use against the consent of the owner, without the necessity 
thereof being first established by the verdict of a jury. 

Section 3 (as amended Nov. 3, 1874). It shall be the duty of the 
Legislature, and they are hereby empowered, to provide for the organi- 



306 CIVIL GOVERNMENT OF WISCONSIN. 

zation of cities and incorporated villages, and to restrict their power 
of taxation, assessment, borrowing money, contracting debts, and loan- 
ing their credit, so as to prevent abuses in assessments and taxation, and 
in contracting debts by such municipal corporations. No county, city, 
town, village, school district, or other municipal corporation, shall be 
allowed to become indebted in any manner or for any purpose, to any 
amount, including existing indebtedness, in the aggregate exceeding five 
per centum on the value of the taxable property therein, to be ascer- 
tained by the last assessment for State and county taxes, previous to 
the incurring of such indebtedness. Any county, city, town, village, 
school district, or other municipal corporation incurring any indebted- 
ness as aforesaid, shall before or at the time of doing so provide for 
the collection of a direct annual tax sufficient to pay the interest on said 
debt as it falls due, and also to pay and discharge the principal thereof 
within twenty years from the time of contracting the same. 

Section 4. The Legislature shall not have power to create, authorize, 
or incorporate, by any general or special law, any bank or banking 
power or privilege, or any institution or corporation having any banking 
power or privilege whatever, except as provided in this article. 

Section 5. The Legislature may submit to the voters at any general 
election, the question of "bank or no bank ;" and if at any such election 
a number of votes equal to a majority of all the votes cast at such elec- 
tion on that subject shall be in favor of banks, then the Legislature shall 
have power to grant bank charters, or to pass a general banking law, 
with such restrictions and under such regulations as they may deem 
expedient and proper for the security of the bill holders. Provided \ 
That no such grant or law shall have any force or effect until the same 
shall have been submitted to a vote of the electors of the State at some 
general election, and been approved by a majority of the votes cast on 
that subject at such election. 

ARTICLE XII. 

AMENDMENTS. 

Section I. Any amendment or amendments to this Constitution may 
be proposed in either House of the Legislature ; and if the same shall be 
agreed to by a majority of the members elected to each of the two 
Houses, such proposed amendment or amendments shall be entered on 
their journals with the yeas and nays taken thereon, and referred to the 
Legislature to be chosen at the next general election, and shall be pub- 
lished for three months previous to the time of holding such election. 
And if, in the Legislature so next chosen, such proposed amendment or 



STATE CONSTITUTION. 307 

amendments shall be agreed to by a majority of all the members elected 
to each House, then it shall be the duty of the Legislature to submit 
such proposed amendment or amendments to the people, in such manner 
and at such time as the Legislature shall prescribe; and if the people 
shall approve and ratify such amendment or amendments by a majority 
of the electors voting thereon, such amendment or amendments shall 
become part of the Constitution. P?vvided, That if more than one 
amendment be submitted, they shall be submitted in such manner that 
the people may vote for or against such amendments separately. 

Section 2. If at any time a majority of the Senate and Assembly 
shall deem it necessary to call a convention to revise or change this 
Constitution, they shall recommend to the electors to vote for or against 
a convention at the next election for members of the Legislature ; and 
if it shall appear that a majority of the electors voting thereon have voted 
for a convention, the Legislature shall at its next session provide for call- 
ing such convention. 

ARTICLE XIII. 

MISCELLANEOUS PROVISIONS. 

Section i (as amended Nov. 7, 1882 s ). The political year for the 
State of Wisconsin shall commence on the first Monday in January in 
each year, and the general elections shall be holden on the Tuesday 
next succeeding the first Monday in November. The first general elec- 
tion for all State and county officers, except judicial officers, after the 
adoption of this amendment, shall be holden in the year A.D. 1884, 
and thereafter the general election shall be held biennally. All State, 
county, or other officers elected at the General Election in the year 1 881, 
and whose term of office would otherwise expire on the first Monday 
of January in the year 1884, shall hold and continue in such office re- 
spectively until the first Monday in January in the year 1885. 

Section 2. Any inhabitant of this State who may hereafter be en- 
gaged, either directly or indirectly, in a duel, either as principal or 
accessory, shall forever be disqualified as an elector and from holding 
any office under the Constitution and laws of this State, and may be 
punished in such other manner as shall be prescribed by law. 

Section 3. No member of Congress, nor any person holding any 
office of profit or trust under the United States (postmasters excepted) 
or under any foreign power; no person convicted of any infamous 
crime in any court within the United States; and no person being a de- 
faulter to the United States, or to this State, or to any county or town 
therein, or to any State or Territory within the United States, shall be 
eligible to any office of trust, profit, or honor in this State. 



308 CIVIL GOVERNMENT OF WISCONSIN. 

Section 4. It shall be the duty of the Legislature to provide a great 
seal for the State, which shall be kept by the secretary of state ; and 
all official acts of the governor, his approbation of the laws excepted, 
shall be thereby authenticated. 

Section 5. All persons residing upon Indian lands within any county 
of the State, and qualified to exercise the right of suffrage under this 
Constitution, shall be entitled to vote at the polls which may be held 
nearest their residence for State, United States, or county officers. Pro- 
vided, That no person shall vote for county officers out of the county in 
which he resides. 

Section 6. The elective officers of the Legislature, other than the 
presiding officers, shall be a chief clerk and a sergeant-at-arms, to be 
elected by each House. 

Section 7. No county with an area of nine hundred square miles, or 
less, shall be divided or have any part stricken therefrom, without sub- 
mitting the question to a vote of the people of the county, nor unless a 
majority of all the legal voters of the county voting on the question shall 
vote for the same. 

Section 8. No county seat shall be removed until the point to which 
it is proposed to be removed shall be fixed by law, and a majority of 
the voters of the county voting on the question shall have voted in favor 
of its removal to such point. 

Section 9. All county officers whose election or appointment is not 
provided for by this Constitution shall be elected by the electors of the 
respective counties, or appointed by the boards of supervisors, or other 
county authorities, as the Legislature shall direct. All city, town, and 
village officers, whose election or appointment is not provided for by 
tbis Constitution, shall be elected by the electors of such cities, towns, 
and villages, or of some division thereof, or appointed by such authori- 
ties thereof as the Legislature shall designate for that purpose. All 
other officers whose election or appointment is not provided for by this 
Constitution, and all officers whose offices may hereafter be created by law 
shall be elected by the people, or appointed as the Legislature may direct. 

Section 10. The Legislature may declare the cases in which any 
office shall be deemed vacant, and also the manner of filling the vacancy 
where no provision is made for that purpose in this Constitution. 

ARTICLE XIV. 

SCHEDULE. 

Section I. That no inconvenience may arise by reason of a change 
from a Territorial to a permanent State government, it is declared that 



STATE CONSTITUTION. 309 

all rights, actions, prosecutions, judgments, claims, and contracts, as well 
of individuals as of bodies corporate, shall continue as if no such change 
had taken place, and all process which may be issued under the author- 
ity of the Territory of Wisconsin previous to its admission into the 
Union of the United States, shall be as valid as if issued in the name of 
the State. 

Section 2. All laws now in force in the Territory of Wisconsin, 
which are not repugnant to this Constitution, shall remain in force until 
they expire by their own limitation, or be altered or repealed by the 
Legislature. 

Section 3. All fines, penalties, or forfeitures accruing to the Terri- 
tory of Wisconsin, shall inure to the use of the State. 

Section 4. All recognizances heretofore taken, or which may be 
taken before the change from a Territorial to a permanent State gov- 
ernment, shall remain valid, and shall pass to, and may be prosecuted 
in the name of, the State, and all bonds executed to the governor 
of the Territory, or to any other officer or court, in his or their 
official capacity, shall pass to the governor or State authority, and their 
successors in office, for the uses therein respectively expressed, and 
may be sued for and recovered accordingly; and all the estate or prop- 
erty, real, personal, or mixed, and all judgments, bonds, specialties, 
choses in action, and claims or debts of whatever description, of the 
Territory of Wisconsin, shall inure to and vest in the State of Wiscon- 
sin, and may be sued for and recovered in the same manner and to the 
same extent, by the State of Wisconsin, as the same could have been 
by the Territory of Wisconsin. All criminal prosecutions and penal 
actions which may have arisen, or which may arise before the change 
from a Territorial to a State government, and which shall then be pend- 
ing, shall be prosecuted to judgment and execution in the name of the 
State. All offenses committed against the laws of the Territory of 
Wisconsin, before the change from a Territorial to a State government, 
and which shall not be prosecuted before such change, may be prose- 
cuted in the name and by the authority of the State of Wisconsin, with 
like effect as though such change had not taken place ; and all penalties 
incurred shall remain the same as if this Constitution had not been 
adopted. All actions at law, and suits in equity, which maybe pending 
in any of the courts of the Territory of Wisconsin at the time of the 
change from a Territorial to a State government, maybe continued and 
transferred to any court of the State which shall have jurisdiction of the 
subject matter thereof. 

Section 5. All officers, civil and military, now holding their offices 
under the authority of the United States, or of the Territory of Wiscon- 



310 CIVIL GOVERNMENT OF WISCONSIN. 

sin, shall continue to hold and exercise their respective offices until they 
shall be superseded by the authority of the State. 

Section 6. The first session of the Legislature of the State of Wis- 
consin shall commence on the first Monday in June next, and shall be 
held at the village of Madison, which shall be and remain the seat of 
government until otherwise provided by law. 

Section 7. All county, precinct, and township officers shall continue 
to hold their respective offices, unless removed by the competent authority, 
until the Legislature shall, in conformity with the provisions of this Con- 
stitution, provide for the holding of elections to fill such offices re- 
spectively. 

Section 8. The president of this Convention shall, immediately 
after its adjournment, cause a fair copy of this Constitution, together 
with a copy of the act of the Legislature of this Territory, entitled "An 
Act in relation to the formation of a State government in Wisconsin, 
and to change the time of holding the annual session of the Legisla- 
ture," approved October 27, 1847, providing for the calling of this Con- 
vention, and also a copy of so much of the last census of the Territory 
as exhibits the number of its inhabitants, to be forwarded to the Presi- 
dent of the United States, to be laid before the Congress of the United 
States at its present session. 

Section 9. This Constitution shall be submitted at an election to be 
held on the second Monday in March next, for ratification or rejection, 
to all white male persons of the age of twenty-one years or upwards, 
who shall then be residents of this Territory and citizens of the United 
States, or shall have declared their intention to become such in con- 
formity with the laws of Congress on the subject of naturalization; and 
all persons having such qualifications shall be entitled to vote for or 
against the adoption of this Constitution and for all officers first elected 
under it. And if the Constitution be ratified by said electors, it shall 
become the Constitution of the State of Wisconsin. On such of the 
ballots as are for the Constitution, shall be written or printed the word, 
" yes; " and on such as are against the Constitution, the word "no." 
The election shall be conducted in the manner now prescribed by law, 
and the returns made by the clerks of the boards of supervisors or 
county commissioners (as the case may be) to the governor of the Ter- 
ritory, at any time before the tenth of April next. And in the event of 
the ratification of this Constitution by a majority of all the votes given, 
it shall be the duty of the governor of this Territory to make proclama- 
tion of the same, and to transmit a digest of the returns to the Senate 
and Assembly of the State, on the first day of their session. An elec- 
tion shall be held for governor and lieutenant governor, treasurer, 



STATE CONSTITUTION. 311 

attorney general, members of the State Legislature, and members of 
Congress, on the second Monday of May next, and no other or further 
notice of such election shall be required. 

Section 10. Two members of Congress shall also be elected on the 
second Monday of May next; and until otherwise provided by law, the 
counties of Milwaukee, Waukesha, Jefferson, Racine, Walworth, Rock, 
and Green, shall constitute the First Congressional District, and elect 
one member ; and the counties of Washington, Sheboygan, Manitowoc, 
Calumet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, 
Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford, 
Chippewa, St. Croix, and La Pointe, shall constitute the Second Con- 
gressional District, and shall elect one member. 

Section ii. The several elections provided for in this article shall 
be conducted according to the existing laws of the Territory. Provided, 
That no elector shall be entitled to vote, except in the town, ward, or 
precinct where he resides. The returns of election, for senators and 
members of Assembly, shall be transmitted to the clerk of the board of 
supervisors, or county commissioners, as the case may be, and the votes 
shall be canvassed, and certificates of election issued, as now provided 
bylaw. In the First Senatorial District, the returns of the election for 
senator shall be made to the proper officer in the county of Brown ; in 
the Second Senatorial District, to the proper officer in the county of 
Columbia; in the Third Senatorial District, to the proper officer in the 
county of Crawford; in the Fourth Senatorial District, to the proper 
officer in the county of Fond du Lac ; and in the Fifth Senatorial Dis- 
trict, to the proper officer in the county of Iowa. The returns of elec- 
tion for State officers and members of Congress shall be certified, and 
transmitted to the speaker of the Assembly, at the seat of government, 
in the same manner as the votes for delegate to Congress are required 
to be certified and returned, by the laws of the Territory of Wisconsin, 
to the secretary of said Territory, and in such time that they may be 
received on the first Monday in June next; and as soon as the Legisla- 
ture shall be organized, the speaker of the Assembly and the president 
of the Senate shall, in the presence of both Houses, examine the returns, 
and declare who are duly elected to fill the several offices hereinbefore 
mentioned, and give to each of the persons elected a certificate of his 
election. 

Section 12. (Specifies the boundaries of the nineteen Senate Districts 
and the sixty-six Assembly Districts into which the State was originally 
divided.) 

Section 13. Such parts of the common law as are now in force in 
the Territory of Wisconsin, not inconsistent with this Constitution 



312 CIVIL GOVERNMENT OF WISCONSIN. 

shall be and continue part of the law of this State until altered or sus- 
pended by the Legislature. 

Section 14. The senators first elected in the even-numbered Senate 
Districts, the governor, lieutenant governor, and other State officers 
first elected under this Constitution, shall enter upon the duties of their 
respective offices on the first Monday of June next, and shall continue 
in office for one year from the first Monday of January next. The 
senators first elected in the odd numbered Senate Districts, and the 
members of the Assembly first elected, shall enter upon their duties re- 
spectively on the first Monday of June next, and shall continue in office 
until the first Monday in January next. 

Section 15. The oath of office may be administered by any judge or 
justice of the peace, until the Legislature shall otherwise direct. 



RESOLUTIONS. 

Resolved, That the Congress of the United States be, and is hereby, 
requested, upon the application of Wisconsin for admission into the 
Union, so to alter the provisions of an act of Congress entitled " An 
Act to grant a quantity of land to the Territory of Wisconsin, for the 
purpose of aiding in opening a canal to connect the waters of Lake 
Michigan with those of Rock River," approved June eighteenth, eighteen 
hundred and thirty-eight, and so to alter the terms and conditions of the 
grant made therein, that the odd numbered sections thereby granted, 
and remaining unsold, may be held and disposed of by the State of Wis- 
consin as part of the five hundred thousand acres of land to which said 
State is entitled by the provisions of an act of Congress entitled "An 
Act to appropriate the proceeds of the sales of the public lands, and to 
grant preemption rights," approved the fourth day of September, 
eighteen hundred and forty-one; and further, that the even numbered 
sections reserved by Congress may be offered for sale by the United 
States for the same minimum price, and subject to the same rights of 
preemption, as other public lands of the United States. 

Resolved, That Congress be further requested to pass an act whereby 
the excess price over and above one dollar and twenty-five cents per 
acre, which may have been paid by the purchasers of said even num- 
bered sections which shall have been sold by the United States, be re- 
funded to the present owners thereof, or they be allowed to enter any 
of the public lands of the United States, to an amount equal in value to 
the excess so paid. 

Resolved, That in case the odd numbered sections shall be ceded to 
the State as aforesaid, the same shall be sold by the State in the same 



STATE CONSTITUTION. 313 

manner as other school lands. Provided, That the same rights of pre- 
emption as are now granted by the laws of the United States shall be 
secured to persons who may be actually settled upon such lands at the 
time of the adoption of this Constitution: And provided further, That 
the excess price over and above one dollar and twenty-five cents per 
acre, absolutely or conditionally contracted to be paid by the purchasers 
of any part of said sections which shall have been sold by the Territory 
of Wisconsin, shall be remitted to such purchasers, their representa- 
tives, or assigns. 

Resolved, That Congress be requested, upon the application of Wis- 
consin for admission into the Union, to pass an act whereby the grant 
of five hundred thousand acres of land, to which the State of Wisconsin 
is entitled by the provisions of an act of Congress entitled " An Act to 
appropriate the proceeds of the sales of the public lands, and to grant 
preemption rights," approved the fourth day of September, eighteen 
hundred and forty-one, and also the five per centu?n of the net proceeds 
of the public lands lying within the State, to which it shall become en- 
titled on its admission into the Union, by the provisions of an act of 
Congress entitled " An Act to enable the people of Wisconsin Territory 
to form a Constitution and State government, and for the admission of 
such State into the Union," approved the sixth day of August, eighteen 
hundred and forty-six, shall be granted to the State of Wisconsin for 
the use of schools, instead of the purposes mentioned in said acts of 
Congress respectively. 

Resolved, That the Congress of the United States be, and hereby is, 
requested, upon the admission of this State into the Union, so to alter 
the provisions of the act of Congress entitled " An Act to grant a 
certain quantity of land to aid in the improvement of the Fox and Wis- 
consin rivers, and to connect the same by a canal in the Territory of 
Wisconsin," that the price of the lands reserved to the United States 
shall be reduced to the minimum price of the public lands. 

Resolved, That the Legislature of this State shall make provision by 
law for the sale of the lands granted to the State in aid of said improve- 
ments, subject to the same rights of preemption to the settlers thereon 
as are now allowed by law to the settlers on the public lands. 

Resolved, That the foregoing resolutions be appended to and signed 
with the Constitution of Wisconsin, and submitted therewith to the 
people of this Territory and to the Congress of the United States. 

We the undersigned, members of the Convention to form a Constitu- 
tion for the State of Wisconsin, to be submitted to the people thereof 
for their ratification or rejection, do hereby certify that the foregoing is 
the Constitution adopted by the Convention. 



314 CIVIL GOVERNMENT OF WISCONSIN. 

In testimony whereof, we have hereunto set our hands, at Madison, 
the first day of February, A. D. eighteen hundred and forty-eight. 

MORGAN L. MARTIN, 

President of the Convention, and Delegate from Brown County, 
Thos. McHugh, Secretary, 

(Signed also by the sixty-five other members of the Convention.) 



